Churchwell v. Branch Banking & Trust Co.
Supreme Court of North Carolina
Appeal from Crammer, J., at tbe November Term, 1920, of "WilsoN. This is an action to recover tbe amount ($2,000) of a deposit alleged to bave been made witb tbe. defendant Banking and Trust Company on 1 September, 1917, by tbe plaintiff's intestate, E. B. Cburcbwell, wbo was ber husband.
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Appeal from Crammer, J., at tbe November Term, 1920, of "WilsoN. This is an action to recover tbe amount ($2,000) of a deposit alleged to bave been made witb tbe. defendant Banking and Trust Company on 1 September, 1917, by tbe plaintiff's intestate, E. B. Cburcbwell, wbo was ber husband. Tbe bank's original codefendant was Mrs. M. E. Cburcbwell, wbo was tbe mother of E. B. Cburcbwell, and upon ber death tbe defendant W. J. Cburcbwell qualified as ber administrator and became a party as defendant do tbe action. Tbe plaintiff claims that E. B. Cburcbwell made tbe deposit and received a…
1Opinion of the Court
Walker, J.,
upon the above statement, delivered the following opinion for the Court: The refusal of the plaintiff’s motion for judgment on the pleadings was manifestly correct. The plaintiff seeks to recover of the defendant bank the amount of the deposit made by her intestate, and the other defendant was made a party because she claimed an interest in the controversy, as her intestate had asserted ownership of the deposit by transfer to her, made by plaintiff’s intestate, who was her son, just before his death.
The answers of the defendants are not so framed as to constitute judicial…
2Cases cited4 opinions
- Alston v. . HillSupreme Court of North Carolina · 1914
- Goodrich's Exr. v. Rutland Savings BankSupreme Court of Vermont · 1908
- Graham v. WilliamsSupreme Court of Louisiana · 1869
- Helms v. . HoltonSupreme Court of North Carolina · 1910