Adams v. First National Bank of Winston
Supreme Court of North Carolina
This was a civil action, begun before a Justice of the Peace, and heard at Spring Term, 1893, of Forsyth Superior Court, before Boykin, J., and a jury. The plaintiff complained for the non-payment of the sum of $40, alleged to be due him by defendant, which debt was denied by the defendant.
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This was a civil action, begun before a Justice of the Peace, and heard at Spring Term, 1893, of Forsyth Superior Court, before Boykin, J., and a jury. The plaintiff complained for the non-payment of the sum of $40, alleged to be due him by defendant, which debt was denied by the defendant. The plaintiff, introduced as a witness in his own behalf, testified that on the 21st day of March, 1892, the firm of J. J. Adams & Co., composed of himself and one J. A. Reid, dissolved copartnership; that theretofore they had an account with the defendant bank, and plaintiff went to defendant bank before…
1Opinion of the Court
OuaRK, J.:
If the overdraft of the firm of which plaintiff was a member was paid by the bank after the balance was drawn out, it not appearing that the bank had any notice of the dissolution, such overdraft could be recovered by the bank out of the plaintiff as a member of the firm. If, at the time the plaintiff drew a check for the balance which the cashier told him was due the firm, in fact, there was less due the firm, it was equally an overdraft, by mutual mistake of the parties, and the bank could recover it back out of the plaintiff as a member of the firm. But the bank had no right to…
2Cited by7 opinions
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
- Hodgin v. Peoples' National BankSupreme Court of North Carolina · 1899
- Moore v. Greenville Banking & Trust Co.Supreme Court of North Carolina · 1917
- Bank of Anderson v. AllenSupreme Court of South Carolina · 1928
- In Re Bank of SampsonSupreme Court of North Carolina · 1933
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