Brooks v. Orange Rice Mill Co.
Supreme Court of North Carolina
Appeal by plaintiff from Kerr, J., at June Term, 1921, of New HaNOVEE. Plaintiff, a citizen of tbis State, baying a cause of action against Orange Eice Mill Company, a foreign-resident corporation, instituted tbis suit ib tbe Superior Court of New Hanover County and sought to obtain service upon tbe defendant by attaching tbe proceeds of a certain draft in tbe bands of tbe American Bank and Trust Company of "Wilmington, N. 0., it being alleged that said funds belong to tbe…
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Appeal by plaintiff from Kerr, J., at June Term, 1921, of New HaNOVEE. Plaintiff, a citizen of tbis State, baying a cause of action against Orange Eice Mill Company, a foreign-resident corporation, instituted tbis suit ib tbe Superior Court of New Hanover County and sought to obtain service upon tbe defendant by attaching tbe proceeds of a certain draft in tbe bands of tbe American Bank and Trust Company of "Wilmington, N. 0., it being alleged that said funds belong to tbe defendant. Thereafter, on 29 March, 1920, tbe Orange National Bank, of Orange, Texas, was allowed to intervene and set up…
1Opinion of the CourtStacy, J.
We think the evidence upon the issue as to whether the intervening bank was an agent for collecting the draft in question, or a purchaser thereof for value, and sufficiently equivocal, if not contradictory, to require a finding by the jury, and that his Honor’s charge, which practically amounted to a direction of the verdict, was erroneous.
Of course, if the intervener held the draft as a purchaser for value, the proceeds derived therefrom could not be attached in the hands of the American Bank and Trust Company as the property of the Orange Rice Mill Company; but, on the other hand, if the…
2Cases cited8 opinions
- Sossamon v. Cruse.Supreme Court of North Carolina · 1903
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- Merrell v. Dudley.Supreme Court of North Carolina · 1905
- State v. . GodwinSupreme Court of North Carolina · 1907
- State v. . SimmonsSupreme Court of North Carolina · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chalmers v. WomackSupreme Court of North Carolina · 1967
- Commercial Solvents, Inc. v. JohnsonSupreme Court of North Carolina · 1952
- Gouldin Ex Rel. Wiley v. Inter-Ocean InsuranceSupreme Court of North Carolina · 1958
- Morris v. TateSupreme Court of North Carolina · 1949
- First National Bank of Columbus v. RochamoraSupreme Court of North Carolina · 1927
4 more not listed; retrieve them via the Exa API.