Bank of Benson v. Swanson

Brown, District Judge.

The plaintiff bank sued the defendant in the district court for Douglas county to recover for an alleged overdraft of $222.95, and on a directed verdict recovered judgment for the full amount. The defendant has appealed, *688and urges that, in the state of the pleadings, 'the trial court erred in admitting evidence to show that a certain deposit of $352.18 appearing in the defendant’s account under date of July 22, 1918, had been credited thereto by mistake.

In its petition, after alleging its corporate capacity, and that the defendant became a depositor in its bank on August…