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COMMERCE UNION BANK v. HORTON

475 S.W.2d 660 (1972)

COMMERCE UNION BANK, Petitioner, v. John H. HORTON, Administrator, Respondent.

Supreme Court of Tennessee.

January 17, 1972.

Attorney(s) appearing for the Case

Alfred E. Abbey, Russell H. Hippe, Jr., Trabue, Minick, Sturdivant & Harbison, Nashville, for petitioner.

Andrew D. Tanner, Nashville, for respondent.

OPINION

HUMPHREYS, Justice.

This case is before the Court by certiorari to the Court of Appeals. The administrator sued the bank to recover on a bank deposit. The bank pleaded the presumption of payment arising after the lapse of sixteen years. The trial judge recognized and applied the presumption. The Court of Appeals reversed the trial judge and awarded judgment. This Court granted certiorari, after full consideration, because it is of opinion the presumption...

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