Woodward v. Savings & Trust Co.
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at May Term, 1919, of BeaueoRT. This is an action to recover damages against the defendant bank for charging back against the account of the plaintiff a check of $380. The jury returned the following.verdict: 1. Did the defendant represent to the plaintiff that the check for $380, signed in the name of Winnie E. Jackson, was good and would be paid? Answer: “No.” 2. Was the plaintiff induced by said representation to sell and deliver the…
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Appeal by plaintiff from Devin, J., at May Term, 1919, of BeaueoRT. This is an action to recover damages against the defendant bank for charging back against the account of the plaintiff a check of $380. The jury returned the following.verdict: 1. Did the defendant represent to the plaintiff that the check for $380, signed in the name of Winnie E. Jackson, was good and would be paid? Answer: “No.” 2. Was the plaintiff induced by said representation to sell and deliver the car to Simon Jackson? Answer: “No.” 3. Did the defendant accept the check for $380 and credit plaintiff’s account…
1Opinion of the CourtAlleN, J.
The weight of authority is in favor of the proposition for which the plaintiff contends, that a bank, the drawee of a check, accepting it unconditionally and passing it to the credit of the depositor, in the absence of special custom known to the depositor, cannot charge it back against the account of the depositor on the ground that it is an overdraft.
The Court says in Bank v. Burkhart, 100 U. S., 689: “In Morse’s well-considered work on Banking, p. 321, it is said: ‘But if at the time the holder hands in the cheek he demands to have it placed to his credit, and is informed that it shall be…
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- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
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