Webster v. Wachovia Bank & Trust Co.

• Citation: 182 S.E. 333,208 N.C. 759
• Decision Date: 20 November 1935
• Docket Number: 112.
• Parties: WEBSTER v. WACHOVIA BANK & TRUST CO.
• Court: North Carolina Supreme Court

182 S.E. 333

208 N.C. 759

WEBSTER v. WACHOVIA BANK & TRUST CO.

No. 112.

Supreme Court of North Carolina

November 20, 1935

Appeal from Superior Court, Buncombe County; Warlick, Judge.

Action by Mrs. C. N. Webster against the Wachovia Bank & Trust Company. From a judgment, plaintiff appeals.

No error.

In depositor's action against bank to recover $2,500, which amount was shown on passbook issued by bank, wherein bank claimed that amount was $1,500, court properly instructed that burden of proof was on depositor and that unless jury found by greater weight of evidence that plaintiff deposited $2,500, they should find that deposit was $1,500.

This is an action to recover of the defendant the sum of $2,518.75 with interest on said sum from April 1, 1934.

It is alleged in the complaint and admitted in the answer that on January 3, 1934, the plaintiff deposited with the defendant a sum of money which was credited to the plaintiff by the defendant on its books, and that at the time of said deposit the defendant agreed to pay to plaintiff interest on said sum of money at the rate of 3 per cent. per annum, from January 1, 1934, payable quarterly.

The plaintiff alleges in her complaint that the amount of her deposit was $2,500, and that on April 1, 1934, the defendant refused to pay to her interest on said amount, or to pay to her the amount of said deposit, in accordance with its agreement. This allegation is denied in the answer. The defendant alleges that the amount of said deposit was $1,500 and in its answer tenders to the plaintiff judgment for the sum of $1,500, with interest at the rate of 3 per cent. per annum, from January 1, 1934, which judgment the defendant alleges it is ready, willing, and able to pay.

At the trial, the plaintiff offered evidence tending to support her allegation with respect to the amount of her deposit. She offered in evidence a passbook issued to her by the defendant at the date of her deposit, showing that the amount of the deposit was $2,500. The defendant offered evidence tending to contradict the evidence for the plaintiff, and to show that the entry of the deposit in the passbook was due to an error of its employee. The evidence for the defendant tended to show that the amount of the deposit made by the plaintiff was $1,500.

The only issue submitted to the jury was answered as follows:

"What amount did the plaintiff deposit with the defendant on 3 January, 1934? Answer, $1,500.00."

From judgment that plaintiff recover of the defendant the sum of $1,500, with interest at the rate of 3 per cent. per annum from January 1, 1934, and that plaintiff pay the costs of the action, the plaintiff appealed to the Supreme Court assigning as error in the trial the admission over her objections of certain evidence offered by the defendant, and an instruction of the court to the jury with respect to the burden of proof on the issue submitted to the...