Smith v. Planters' Savings Bank
Supreme Court of South Carolina
Before SeasE, J., Spartanburg, August, 1922. Action by W. McClure Smith as administrator of W. A. Bright, deceased, against Planters’ Savings Bank. Judgment for plaintiff and defendant appeals. cite: Certificate of deposit is, in effect, promissory note of Banks: 103 S. C., 266; 45 S. C., 563; 100 .Va„ 306; 110 Va., 229; 192 U. S., 138. Note payable to two payees in the alternative may be paid to either: Neg. Inst.
Read the full summary
Before SeasE, J., Spartanburg, August, 1922. Action by W. McClure Smith as administrator of W. A. Bright, deceased, against Planters’ Savings Bank. Judgment for plaintiff and defendant appeals. cite: Certificate of deposit is, in effect, promissory note of Banks: 103 S. C., 266; 45 S. C., 563; 100 .Va„ 306; 110 Va., 229; 192 U. S., 138. Note payable to two payees in the alternative may be paid to either: Neg. Inst. Raw, Sec. 1, Subd. 8; 151 Id., 178; 74 Kan., 736. cite: Certificate of deposit payable to one of two payees named cannot be paid to the surviving payee after notice of the death of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The agreed facts are briefly as follows:
“The Planters’ Savings Bank, the defendant herein, on February 5, 1920, received on deposit from W. A. Bright the sum of $3,550.00, for which it issued a certificate of deposit set out above. W. A. Bright died intestate in June, 1920, and on August 13th of the same year the defendant paid the amount of the certificate to J. G.- Bright upon his indorsement, knowing at the time that W. A. Bright was dead. Demand has been made upon defendant for the payment of the certificate, which demand has…
2Cases cited2 opinions
- Sawyer v. MabusSupreme Court of South Carolina · 1917
- Gaston v. GastonSupreme Court of South Carolina · 1908
3Cited by2 opinions
- Hawkins v. THACKSTONSupreme Court of South Carolina · 1954
- Bauman v. WalterOhio Supreme Court · 1953