Willard Mfg. Co. v. Merchants National Bank
Supreme Court of North Carolina
ActiON by the Willard Manufacturing Company against the Merchants’ National Bank and Geo. H. Tirney & Co'., heard by Judge Walter H. Neal, at January Term, 1902, of the Superior Court of Durham County. Erom judgment for the plaintiff, the defendant bank appealed.
1Opinion of the CourtFurches, C. J.
The plaintiff commenced an action against Geo. H. Tirney & Co., in which plaintiff alleges that said Tirney & Co., is liable to plaintiff in the sum of $285.92 on account of a breach of contract. Upon this allegation, said Tirney & Co. being non-residents of this State, but owning a lot of cotton in this State (as plaintiff alleged), plaintiff sued out an attachment and caused it to be levied on said fifty bales of cotton. In that action the defendant bank intervened and claimed the cotton. The plaintiff then commenced this action against the defendant bank and attached the same cotton as the…
2Cases cited2 opinions
- Pacific National Bank v. MixterSupreme Court of the United States · 1888
- Safford v. First National BankSupreme Court of Vermont · 1889
3Cited by1 opinion
- Dickenson County v. West Dante Supply Co.Supreme Court of Virginia · 1926