Papineau v. Idaho First Nat. Bank

TAYLOR, Justice.

Appellant, as plaintiff below, alleged that on March 26, 1949, he deposited in the defendant bank the sum of $1150 and received a deposit slip therefor; that the amount was never credited to his account and that the defendant refused to pay it to him on demand. The respondent, defendant below, denies that the deposit claimed was ever made. The cause was tried to a jury, resulting in a verdict and judgment for the defendant, February 29, 1952. Thereafter the plaintiff filed a motion for a new trial, alleging as grounds therefor:

“1. Accident or surprise which ordinary prudence…