Simmons &c. Co. v. Bank of Greenwood

Citations

• 41 S.C. 177
• 19 S.E. 502
• 1894 S.C. LEXIS 110

Syllabus

<p>1. Action by Payee op Check — Non-Suit.—In action by payee of cheek against the bank on which drawn, a non-suit cannot be ordered for want of evidence of funds on hand, where there was some evidence of funds sufficient to the credit of the account on which drawn.</p> <p>2. Ibid. — Exception to testimony by drawee of check as to amount of money on deposit in defendant bank overruled, the pass book not having been called for, no ruling made, and such testimony being competent, because the drawer testified of bis own knowledge.</p> <p>3. Exception not sustained by the appeal record, overruled.</p> <p>4. Evidence. — Testimony by a depositor and a cashier as to why two accounts of the depositor in the bank were kept separate, was properly excluded, as it called for merely an opinion. But testimony as to the reason for drawing checks on one of these accounts in favor of the other was admissible, as explanatory of a fact.</p> <p>5. Evidence — .Objections.—Testimony by plaintiff’s attorney that he had been informed by the cashier of the defendant that there was money enough in bank to the credit of the account upon which plaintiff held a check to pay it, and that witness had so informed his client before action commenced, cannot be excepted to where brought out on cross-examination without objection, though ruled out previously; and such testimony was competent, even if objected to.</p> <p>6. Action by Payee op Check — Acceptance—Case Criticised. — The holder of a check on a bank, in which the drawer has on general deposit to his credit funds sufficient to pay the check, may maintain action against the bank, after demand and refusal, without acceptance or certification. Fogarties & Stillman v. State Bank, 12 Rich., 518, stated, followed, and approved.</p> <p>1. Check — Bill op Exchange. — A difference between a bank check and a bill of exchange stated.</p> <p>8. Custom op Bank — Two Accounts — Indebtedness.—Where a customer kept two deposit accounts in the same bank, one