Moore v. Greenville Banking & Trust Co.
Supreme Court of North Carolina
ActioN tried before Guión, Jand a jury, at May Term, 1919, of Pitt. The action was brought by the feme plaintiff against the defendant to recover of it an alleged deposit of two thousand and ninety and 56-100 dollars, and to recover damages for refusal of defendant to honor plaintiff’s check.
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ActioN tried before Guión, Jand a jury, at May Term, 1919, of Pitt. The action was brought by the feme plaintiff against the defendant to recover of it an alleged deposit of two thousand and ninety and 56-100 dollars, and to recover damages for refusal of defendant to honor plaintiff’s check. (This last cause of action, however, has been abandoned.) The facts out of which this controversy arose may be briefly stated as follows: Prior to the fall of 1915, plaintiff’s husband, who is a party to this action, and W. L. Hall were doing a partnership business in the town of Greenville, and engaged…
1Concurrence
Clark, O. J.,
concurs in all that is so clearly and convincingly stated in the opinion of Walker, J., and for the additional reason that when the land was converted into money the estate by entireties ceased, for in England, whence was derived this anomalous estate, there was never any estate by entireties in personalty. Gooch v. Bank, 176 N. C., 216.
The estate by entireties was not created by statute either in England or in this State, but was a judicial creation in England, and we adopted it only to the extent that it obtained there. Gaston, J., in Motley v. Whitemore, 19 N. C., 537, says:…
2Cases cited3 opinions
- Den Ex D. Motley v. . WhitemoreSupreme Court of North Carolina · 1837
- Hairston v. . GlennSupreme Court of North Carolina · 1897
- Gooch v. Weldon Bank & Trust Co.Supreme Court of North Carolina · 1918