Commissioner of Banks Ex Rel. Citizens Bank v. White

When tbe Citizens Bank closed its doors it held tbe defendant’s promissory note on which tbe remainder due was one thousand dollars. The defendant admits tbis indebtedness and therefore has tbe burden of showing payment or other matters in avoidance. Bank v. Wilson, 124 N. C., 561. He undertakes to avoid liability by proof of tbe alleged counterclaim set out in tbe statement of facts. We are unable to see bow tbis defense can avail him.

Tbe county treasurer deposited in tbe bank $18,541.61; tbe Maryland Casualty Company issued its depository bond in tbe sum of $10,000 to indemnify tbe county;…