Blount County Bank v. Brice

The trial was had on the" common counts and count 3. Defendant pleaded in short by consent the general issue, with leave to give in evidence any matter which, if well pleaded, “would be admissible in defense of the action, to have effect as if so pleaded; and with leave to the plaintiff to give in evidence any matter, which, if well pleaded, would be admissible in reply to such defensive matter,” etc. There was refusal of the general affirmative charge requested by defendant, and the judgment was for plaintiff.

It is insisted by appellant that the bank had no authority under its charter to act…