Model Mill Co. v. Webb
Supreme Court of North Carolina
Appeal by defendant, American National Bank, from Adams, J., at April Term, 1913, of BttNcombe. Plaintiff.Model Mill Company, of Johnson City, Tenn., had sold and shipped -goods to the defendant D. H. Webb, at Ashe-ville, N. 0., drew a draft on him for the .price ($62.78) with bill of lading attached, and placed it with the National City Bank of Johnson City for collection.
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Appeal by defendant, American National Bank, from Adams, J., at April Term, 1913, of BttNcombe. Plaintiff.Model Mill Company, of Johnson City, Tenn., had sold and shipped -goods to the defendant D. H. Webb, at Ashe-ville, N. 0., drew a draft on him for the .price ($62.78) with bill of lading attached, and placed it with the National City Bank of Johnson City for collection. The draft and bill of lading were mailed by that bank to the defendant American National Bank of Asheville for collection. There was evidence that the latter bank did not receive the letter nor collect it. The draft was…
1Opinion of the Court
Walker, J.,
after stating the case:' The only question is,. Was there any evidence to support the charge and the verdict? The City National Bank, it appears, mailed the letter witb the draft and bill of lading to the defendant bank. This was evidence of its receipt by the latter, and raised a rebuttable presumption of the fact to be submitted to the jury, along with any evidence in the case tending to show that it was or was not in fact received. This is said to be founded upon another presumption, that officers of the Postoffice Department will do their duty, or upon the better reason, the…
2Cases cited4 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Austin v. . HollandNew York Court of Appeals · 1877
- Hollowell v. Life Insurance Co. of VirginiaSupreme Court of North Carolina · 1900
- Coile v. Order of United Commercial Travelers of AmericaSupreme Court of North Carolina · 1912
3Cited by12 opinions
- Standard Trust Co. of New York v. Commercial National BankSupreme Court of North Carolina · 1914
- State v. AtwoodSupreme Court of North Carolina · 1976
- Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Pennington v. Flame Refractories, Inc.Court of Appeals of North Carolina · 1981
- Hornby v. Pennsylvania National Mutual Casualty InsuranceCourt of Appeals of North Carolina · 1983
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