First National Bank v. Bailey

MEREDITH, PRESIDENT.'

The First National Bank of Welch, as administrator of the estate of E. H. Sudduth, deceased, brought its action in as-sumpsit for the recovery of $50,000.00 from E. L. Bailey. The declaration contains the common counts and also a special count seeking recovery for the value of certain stocks transferred to defendant by decedent. The case was tried by the court in lieu of a jury and resulted in a judgment for plaintiff in the sum of $12,123.33. Plaintiff, claiming that upon the evidence adduced it is entitled to more than $30,000, obtained a writ of error.

For many years…