Broad Street Bank v. National Bank of Goldsboro
Supreme Court of North Carolina
Appeal by plaintiff from Gramner, J., at August Term, 1921, of WayNE. Civil action, tried on demurrer to complaint. It appeared from the complaint that one N. L. Massey, a man of business affairs, living in Richmond, Va., well known there and indebted to some-of its banks, the plaintiff among others, on or about 18 June, 1918, was in Goldsboro, N. C., and that “after regular banking hours, when Massey and Norwood were alone in the office of defendant, the latter, at the…
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Appeal by plaintiff from Gramner, J., at August Term, 1921, of WayNE. Civil action, tried on demurrer to complaint. It appeared from the complaint that one N. L. Massey, a man of business affairs, living in Richmond, Va., well known there and indebted to some-of its banks, the plaintiff among others, on or about 18 June, 1918, was in Goldsboro, N. C., and that “after regular banking hours, when Massey and Norwood were alone in the office of defendant, the latter, at the request of said Massey, issued to him four New York Exchange checks for the sums respectively of $2, $6, $2, and $3, payable…
1DissentClark, C. J.
The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The court sustained the demurrer and dismissed the action and this presents the only point in this appeal.
It is well settled law that a demurrer on this ground admits every fact that is pleaded in the complaint. It is therefore admitted:
1. That the plaintiff was a Virginia corporation, engaged in a general banking business at Richmond, Va., and that the defendant is a national banking corporation, engaged in national banking business at Golds-boro, N. 0.
2. That a…
2Cases cited1 opinion
- Hoffman v. Planters National BankSupreme Court of Virginia · 1901