Farmers & Traders Bank v. Davis

1. On a former hearing of this ease this court reversed a judgment of nonsuit, holding that under the pleadings and the evidence the plaintiff was entitled to recover as á matter of law, unless he had been paid the amount of his deposit, and that whether he had been so paid wias a jury question, under the evidence. The evidence of the plaintiff on the question of payment was substantially the same on the second trial, and was not conclusively rebutted by the evidence of the defendant. Hence it can not be held as a matter of law that the verdict in favor of the plaintiff as returned upon that…