Arnold v. Wachovia Bank & Trust Co.

STACY, C. J., dissenting on the ground that a judgment as of nonsuit should not have been entered under the facts of this case. Action to recover of defendant the proceeds of a draft, payable to and endorsed by plaintiff, and received, in due course of business, by defendant from the Banking, Loan and Trust Company of Jonesboro, N.C. for collection and credit to the account of said Trust Company. The amount of the draft was credited by defendant to the account of said Trust Company, and was thereafter presented to and paid by the drawee.

Plaintiff alleges that defendant collected said draft as…