Bickley v. Commercial Bank
Supreme Court of South Carolina
Before Izlak, J., Richland, April, 1892. In this case, Hon. Ernest Gary, judge-elect of the Fifth Circuit, sat in the seat of Mr. Justice McGowan, who was disqualified by interest.
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Before Izlak, J., Richland, April, 1892. In this case, Hon. Ernest Gary, judge-elect of the Fifth Circuit, sat in the seat of Mr. Justice McGowan, who was disqualified by interest. It was an action by J. D. Bickley against Commercial Bank of Columbia,' S. C., commenced in February, 1892. The judge charged the jury as follows: It is incumbent upon the plaintiff to prove the allegations of his complaint by the preponderance of the evidence, before he can recover; the burden of the proof is upon him. Has he sustained these material allegations of his complaint by the preponderance of the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIver.
The action in this case was brought by the plaintiff to recover from the defendant the sum of eight hundred dollars, besides interest, alleged to have been deposited with defendant by the plaintiff. The complaint contains three paragraphs: 1st. The allegation that defendant is a corporation, duly organized under the laws of the State for the purpose of carrying on a general banking business in the city of Columbia. 2d. That on the 21st of October, 1890, the plaintiff deposited with defendant the above mentioned sum of money,…
2Cases cited3 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Baldwin v. Bank of NewburySupreme Court of the United States · 1864
- Henry Miller, in Error v. David Austen, William S. Wilmerding, and David Austen, Jr.Supreme Court of the United States · 1852
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