Crout v. South Carolina National Bank

Appellant, Crout, asserts respondent, South Carolina National Bank (SCN), negligently returned two checks marked “account closed” while his current account contained sufficient funds. The trial court granted SCN’s motion for summary judgment. We reverse.

The affidavit of Miller, an SCN official, stated when the two checks were presented for payment on October 21st and 22nd, 1974, Crout’s account “did not have sufficient available funds on deposit to pay the checks.” This affidavit conflicts with Crout’s monthly statement prepared by SCN which revealed a sufficient balance from October 17th to…