Davies & Vincent v. Bank of Commerce

— Davies & Vincent, a copartnership, brought this «suit against the Bank of Commerce for a balance, claimed to be due from bank, but which it is alleged the bank refused to pay out upon plaintiff’s checks; that is, the count was one for money had and received. The defendant’s answer consists of a general denial, and the assertion that the claimed credit was only apparent, and not real in this, that defendant had accepted from plaintiffs certain drafts for collection with which it had credited plaintiffs on its books, under an agreement that plaintiffs might check against such credits, but…