Peoples National Bank v. Rhoades
Superior Court of Delaware
Action of Assumpsit (No. 81, May Term, 1912) by the Peoples National Bank of Middletown, Del., against George B. W. Rhoades to recover from the defendant, a depositor in the plaintiff bank, overdrafts amounting to one thousand four hundred and fifty-seven dollars and forty-three cents. Action on the common counts with bill of particulars filed. Jury disagreed.
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Action of Assumpsit (No. 81, May Term, 1912) by the Peoples National Bank of Middletown, Del., against George B. W. Rhoades to recover from the defendant, a depositor in the plaintiff bank, overdrafts amounting to one thousand four hundred and fifty-seven dollars and forty-three cents. Action on the common counts with bill of particulars filed. Jury disagreed. At the trial the checks and notes drawn by the defendant on his account in the plaintiff bank and paid by it were admitted into evidence by agreement. The plaintiff offered the individual journal No, 14, containing the debits and…
1Opinion of the CourtRice, J.
[1] The statute of this state (Revised Code 1852, amended to 1893, p. 799, c. 107, § 11), in respect to a book of original entries and charges thereon, provides: “A book of original entries, regularly and fairly kept, shall, together with the oath, or affirmation, of the plaintiff, be admitted in evidence to charge the defendant with the sums therein contained for- goods sold and delivered, and other matters properly chargeable in an account. Cash items are not properly so chargeable.”'
While there can be no doubt, and it has often been decided by the court, that in a merchandise business cash…
2Cases cited1 opinion
- Marine Bank v. StirlingCourt of Appeals of Maryland · 1911
3Cited by5 opinions
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- Reed v. Central National BankSuperior Court of Delaware · 1936
- Theo. Burton, Jr. & Co. v. BurksSuperior Court of Delaware · 1962