First National Bank of Richmond v. Davis
Supreme Court of North Carolina
Civil action, hoard at January Term, 1894, of Nkw Hax-ovkR. Superior Court, before Brown, J. By consent a jury trial was waived and the facts wore found by the Court. The action was to establish a preferential claim against the assets of the. Bank of New Hanover in defendants’ hands. The action was dismissed, and plaintiff appealed.
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Civil action, hoard at January Term, 1894, of Nkw Hax-ovkR. Superior Court, before Brown, J. By consent a jury trial was waived and the facts wore found by the Court. The action was to establish a preferential claim against the assets of the. Bank of New Hanover in defendants’ hands. The action was dismissed, and plaintiff appealed. The following is so much of the case on appeal as is essential to an understanding of the opinion: Defendant Davis is the receiver of the Bank of New Hanover at Wilmington, and defendant Leak is a receiver of a branch .of said bank at Wadesboro. The Bank of New…
1Opinion of the Court
Burwkll, J.:
After a careful examination of the numerous authorities cited by the counsel representing the parties to this cause we have come to the conclusion, upon the facts found, that the relation of the Bank of Xew Hanover to the plaintiff bank, at the time of the appointment of the defendant receiver, was merely that of debtor to creditor as to the sum of money which is in coutrovery in this suit. The two banks must be presumed to have entered into the contract between them with the expectation and implied agreement that, in the transaction of the business provided for by that contract,…
2Cases cited2 opinions
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- Planters' & Farmers' National Bank of Batimore v. First National Bank of WiilmingtonSupreme Court of North Carolina · 1876
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- Federal Reserve Bank v. PetersSupreme Court of Virginia · 1924
- Hecker-Jones-Jewell Milling Co. v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1922
- Citizens Bank v. Bradley, ExaminerSupreme Court of South Carolina · 1926
- Parker v. Central Bank & Trust Co.Supreme Court of North Carolina · 1932
- First & Citizens National Bank v. Corporation CommissionSupreme Court of North Carolina · 1931
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