Eskew v. Buckhannon Bank

Kenna, Judge:

This action in assumpsit was brought in the circuit court of Upshur County by F. P. Eskew against the Buckhannon Bank to recover $1,000.00 alleged to be due under a time certificate of deposit issued by the bank to the plaintiff on June 23, 1931. The sufficiency on demurrer of three special pleas by way of confession and avoidance filed by the bank is certified to this court.

Plea No. 2 alleges that on the 15th day of October, 1931, because of heavy withdrawals of deposits, the bank was closed by order of the board of directors, and the banking commissioner of the State of West…