Mechanics' & Traders' Bank v. Banks
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This suit is instituted to recover from the defendant the balance of a bank account amounting to one thousand three hundred and eighty-five dollars. The defendant denied that he owed the bank or had overdrawn bis account.
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Eastern Dist. APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This suit is instituted to recover from the defendant the balance of a bank account amounting to one thousand three hundred and eighty-five dollars. The defendant denied that he owed the bank or had overdrawn bis account. He further averred that the bank was indebted to him on account of moneys deposited, between the dates referred to in the account of the bank, for a balance of one thousand six hundred and fourteen dollars and ninety-three cents, for which he prays judgment in- reconvention, and for costs. On…
1Opinion of the CourtMartin, J.
The plaintiffs sued the defendant on a balance of account; he claimed a larger sum in reconvention, had judgment for the excess, and they appealed.
The whole controversy turns on the verity of a deposit of three thousand dollars, which the defendant claims. He produces his bank book, in which the deposit is entered in the hand writing of one of the clerks of the plaintiffs, who is not the one particularly charged with receiving deposits, but it is in evidence that deposits are received, and entries thereof made, by any of the clerks, when the one particularly employed for the purpose is not at…
2Cited by4 opinions
- Sample v. WhitakerSupreme Court of Louisiana · 1930
- Ash v. Livingston State Bank & Trust Co.Louisiana Court of Appeal · 1961
- Hepburn v. Citizens BankSupreme Court of Louisiana · 1847
- Smith v. Richland State BankLouisiana Court of Appeal · 1942