Horne v. Peoples Bank
Supreme Court of North Carolina
Civil action, tried before Philips, J., at February Term, 1890, of tlie Superior Court of Union County. ' The plaintiff alleges, in substance, that from the 25th of October, 1888, to January 21st, 1889, he deposited with the defendant from time to time divers sums of money, aggregating the sum of $19,405 72; that from time to time during that period he drew checks upon the defendant, which were paid, for divers sums, aggregating $16,804.21, leaving a balance due to him of…
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Civil action, tried before Philips, J., at February Term, 1890, of tlie Superior Court of Union County. ' The plaintiff alleges, in substance, that from the 25th of October, 1888, to January 21st, 1889, he deposited with the defendant from time to time divers sums of money, aggregating the sum of $19,405 72; that from time to time during that period he drew checks upon the defendant, which were paid, for divers sums, aggregating $16,804.21, leaving a balance due to him of $2,601.51; that afterwards, on the 1st day of February, 1889, he demanded of the defendant that it pay to him such…
1Opinion of the CourtMerrimon, C. J.
after stating the case: The pleadings raised but one principal issue. The defendant, in its answer, admitted to be true the allegation of the complaint that the plaintiff had from time to time deposited money with it aggregating the sum specified, and had drawn his check upon it, as alleged, for divers sums of money aggregating the sum specified, which were duly paid; but it denied that any balance was due to the plaintiff except the sum of three hundred and sixty-five dollars and sixty-nine cents, and alleged further, as matter of principal defence, that it had, at the request and by…
2Cases cited3 opinions
- Pugh v. . GrantSupreme Court of North Carolina · 1882
- Martin v. . RichardsonSupreme Court of North Carolina · 1873
- Whedbee v. . ReddickSupreme Court of North Carolina · 1878
3Cited by1 opinion
- Taylor v. . CarrowSupreme Court of North Carolina · 1911