Arnold v. State Bank & Trust Co.

BARNHILL and WINBORNE, JJ., join in concurring opinion. This action was brought before a justice of the peace to recover $91.55, deposited in defendant bank and not accounted for by defendant to plaintiff. The judgment of the justice of the peace was in favor of plaintiff, for amount sued for, which was appealed from to the Superior Court. The appeal certificate has this in it: "Plaintiff complained for the sum of Ninety One and 55/100 Dollars, with interest and cost, due by and on account of money deposited with said defendant and paid out without authority by said defendant and refusal, and…