Beck v. Bank of Thomasville
Supreme Court of North Carolina
■ Appeal by plaintiff from Allen, J., at April Term, 1912, of DAVIDSON. This case was before us at a former term, and is reported in 157 N. C., at p. 105. It is there stated that actions were brought by plaintiffs, the first to correct errors in their account with the defendant bank, plaintiffs alleging in this one of the actions that charges against them were wrongfully made by defendant bank, and checks were paid which were not drawn by them, and, further, that defendant…
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■ Appeal by plaintiff from Allen, J., at April Term, 1912, of DAVIDSON. This case was before us at a former term, and is reported in 157 N. C., at p. 105. It is there stated that actions were brought by plaintiffs, the first to correct errors in their account with the defendant bank, plaintiffs alleging in this one of the actions that charges against them were wrongfully made by defendant bank, and checks were paid which were not drawn by them, and, further, that defendant bank refused to pay certain checks drawn by plaintiffs on it, when it had funds of plaintiffs on deposit fully sufficient…
1Opinion of the Court
Walker, J.,
after stating the case: We are of the opinion that there was error in the ruling of the court. The question being, whether there was any evidence to be submitted to the jury, it is not necessary that we should set out the testimony of the defendant, which tends to contradict that of the plaintiffs, for if there is any evidence to support the plaintiffs’ case, they are entitled to have it submitted to the jury, and as the court directed a verdict against them, the plaintiffs are entitled'to have us consider it in the most favorable view' for them. It is like a nonsuit in this…
2Cases cited9 opinions
- Osborn v. Leach.Supreme Court of North Carolina · 1904
- Ramsey v. . CheekSupreme Court of North Carolina · 1891
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Brittain v. WesthallSupreme Court of North Carolina · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dail v. . TaylorSupreme Court of North Carolina · 1909
- Stewart v. Nation-Wide Check CorporationSupreme Court of North Carolina · 1971
- Hartsfield v. Harvey C. Hines Co.Supreme Court of North Carolina · 1931
- Hill v. . LindsaySupreme Court of North Carolina · 1936
- Ector v. OsborneSupreme Court of North Carolina · 1920
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