First-Citizens Bank & Trust Co. v. Perry

MARTIN (Harry C.), Judge.

Defendant contends the evidence in his affidavit concerning the failure of plaintiff to deliver timely bank statements to him raises a genuine issue of material fact as to plaintiff’s claim. We do not agree.

Defendant admits he wrote the 181 checks in the total amount of $86,268.99; that these checks were drawn on his account with plaintiff bank; that the checks were paid by plaintiff to the respective payees or endorsers. Defendant fails to controvert plaintiff’s evidence that defendant did not have sufficient funds on deposit to pay the checks when processed and that…