Hastings v. Hugo Nat. Bank

Citations

• 81 Okla. 189

Syllabus

<p>(Syllabus.)</p> <p>1. Pleading — Lack of Verification — Motion to Strike.</p> <p>Where a petition is based upon a written instrument, and the answer is unverified, a motion to strike is a proper procedure for reaching the defect.</p> <p>2. Same — Necessity of Verification — Statute.</p> <p>Section 4759, Rev. Laws 1910, provides: “In all actions, allegations of the execution of written instruments and indorsements thereon, of the existence of a corporation or partnership, or of any appointment of authority, or the correctness of any account duly verified by the affidavit of the party, his agent or attorney, shall he taken as true unless the denial of the same be verified. * * *”</p> <p>a. Same — Unverified General Denial — Scope of Admission.</p> <p>Under the above section a general denial unverified admits the execution of an instrument, but admits only its execution and whatever legal effect the instrument itself may have. It does not admit any matter extraneous to the instrument itself.</p> <p>b. Same.</p> <p>In an action upon a written instrument a general denial puts in issue all allegations in the petition which are extraneous to the written instrument itself and likewise puts in issue all allegations in the answer, which if denied would constitute a defense to the legal effect of the instrument itself.</p> <p>3. Evidence — Parol Evidence — Deposit Slips.</p> <p>A deposit slip issued by a Bank is but prima facie evidence that the bank received the amount of the deposit on the date shown by the slip. It has no more force and effect than any other form of receipt, and is open to explanation as to the conditions surrounding the deposit and the circumstances under which it was given may be inquired into.</p> <p>4. Banks and Banking — Deposits in Name of Third Persons — Effect.</p> <p>Where a deposit is made in the name of a third person, a bank may make payment to such person in the absence of any adverse claim of the actual depositor or another. The actual depo