Harmon v. Barber
Supreme Court of South Carolina
Before Prince, J., St. Matthews, Fall term, 1915. Action by Viola Harmon and others against Alice Barber and others to settle the estate of J. P. Barber, deceased, in which Bank of Cameron filed a claim.
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Before Prince, J., St. Matthews, Fall term, 1915. Action by Viola Harmon and others against Alice Barber and others to settle the estate of J. P. Barber, deceased, in which Bank of Cameron filed a claim. From judgment disallowing the claim, the bank appeals. cite: As to liability of drawer: 10 Wall. 604; Thompson Bills, 409; 5 A. & E. Enc. of E. (2d ed.) 1044. Manner of presentment: 42 E. R. 455; 16 C. B. (N. S.) 288; 92 E. R. 428; 78 N. Y. 269; 80 N. Y. 100; 13 E. R. A. 303; Morse on Banks & Banking, secs. 231 and 427; Tiedeman Commercial Paper, sec. 444; 2 Daniel’s Neg. Inst., sec. 1559; 44…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
J. P. Barber lived at Cameron, S. C. On the 26th day of February, 1912, he went to the Bank of Cameron and deposited his check on the Lexington Savings Bank, at Lexington, S. C., for $1,000. On the same day the Bank of Cameron forwarded the check to its “clearing house,” Southern National Bank, of Wilmington, N. C., for collection. The Wilmington bank sent the check direct to the Lexington Savings Bank for collection. The books of the Lexington Savings Bank showed an overdraft of Barber of about $300, but it marked the check “paid”…
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