Scott, Admr. v. Bradford National Bank

The plaintiff as administrator de bonis non of Laura B. Dickey, brings this action to recover the amount of a deposit which the intestate once had in the defendant bank. The answer set up a general denial, payment, and estoppel. The trial below was by jury, and at the close of the evidence both parties moved for a verdict. The defendant’s motion was overruled and the plaintiff’s granted. Judgment was rendered accordingly, and the defendant excepted.

We agree with the defendant that the fact that both parties moved for a A^erdict did not, alone, warrant a directed verdict one way or the other.…