De Feriet v. Bank of America

Plaintiff claims $2425 41 as the balance due him on deposit. The defendant denies any indebtedness, aud avers that plaintiff has overdrawn his account to the amount of $1774 59, as shown by his checks, which sum is claimed in reconvention. To this demand plaintiff answers, denying the genuineness of his signature to two of •said checks, one for $2500, dated and paid on the thirty-first December, 1807, and one for $1700, dated fourth and paid sixth January, 1868.

There is no contest before us as to the forgery of those two checks; but defendant and appellant contends that plaintiff, by his…