Capitol Bank & Trust Co. v. Cowan

Action of contract to recover money paid out by the plaintiff bank to the use of the defendant.

There was evidence that the defendant, Cowan, had an account with the Capitol Bank and Trust Company (hereafter referred to as Capitol Bank). On September 1, 1970 Cowan deposited with Capitol Bank six checks in the amount of $7,300.00. These checks were drawn on the Middlesex Bank by Peter Grimes International Inc., and on being deposited, were credited to the account of the defendant, Cowan. On the same day, September 1, 1970, Cowan drew six checks on the plaintiff bank, in the aggregate amount of…