Broad Street Bank v. National Bank of Goldsboro
Supreme Court of North Carolina
Appeal by plaintiff from Gramner, J., at August Term, 1921, of WayNE. Civil action, tried on demurrer to complaint. It appeared from the complaint that one N. L. Massey, a man of business affairs, living in Richmond, Va., well known there and indebted to some-of its banks, the plaintiff among others, on or about 18 June, 1918, was in Goldsboro, N. C., and that “after regular banking hours, when Massey and Norwood were alone in the office of defendant, the latter, at the…
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Appeal by plaintiff from Gramner, J., at August Term, 1921, of WayNE. Civil action, tried on demurrer to complaint. It appeared from the complaint that one N. L. Massey, a man of business affairs, living in Richmond, Va., well known there and indebted to some-of its banks, the plaintiff among others, on or about 18 June, 1918, was in Goldsboro, N. C., and that “after regular banking hours, when Massey and Norwood were alone in the office of defendant, the latter, at the request of said Massey, issued to him four New York Exchange checks for the sums respectively of $2, $6, $2, and $3, payable…
1Opinion of the CourtHoke, J.
It is the accepted position “that for the purpose of presenting the legal questions involved, a demurrer is construed as admitting relevant facts, well pleaded, and -ordinarily relevant inferences of fact, readily deducible therefrom, but the principle does not extend to admitting conclusions or inferences of law,” etc. Board of Health v. Comrs., 173 N. C., 250-253, citing Pritchard v. Comrs., 126 N. C., 908-913; Hopper v. Covington, 118 U. S., 148-151; Equitable Assurance v. Brown, 213 U. S., 25, and other cases.
While there are general averments of negligence and proximate cause imputing…
2Cases cited16 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Holmes v. TrumperMichigan Supreme Court · 1871
- Walsh v. HuntCalifornia Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ballinger v. . ThomasSupreme Court of North Carolina · 1928
- Dunn v. DunnSupreme Court of North Carolina · 1955
- Foutch v. Alexandria Bank & Trust Co.Tennessee Supreme Court · 1941
- Savings Bank of Richmond v. National Bank of GoldsboroCourt of Appeals for the Fourth Circuit · 1925
- Laseter v. HillSupreme Court of Alabama · 1928
1 more not listed; retrieve them via the Exa API.