Stankey v. Citizens' National Bank

MR. CHIEF COMMISSIONER LENTZ

prepared tbe opinion for tbe court.

Tbe complaint in this action alleges that on December 1, 1916, plaintiff deposited $1,277.60 in defendant bank; that be later drew out a portion thereof, and that on December 2, 1916, be presented bis check for the balance of $755, which *311was refused payment. Judgment is demanded for $755, with interest. «

Defendant in its answer denies that any deposit with it was ever made by plaintiff and admits refusal to pay the check. As a special defense defendant has alleged and presented evidence to establish that prior to December 1, 1916,…