First National Bank of Elizabeth City v. Brockett
Supreme Court of North Carolina
Civil actioN tried before Justice, J., at the June Special Term, 1917, of PASQUOTANK. This is an action instituted by the First National Bank of Elizabeth City against Eobert Brockett, of High Point, N. 0., to recover the sum of $1,335.70, being the amount of a check drawn by Eobert Brockett on 21 August, 1915, and paid to 0. Syer & Co., of Norfolk, Va., and deposited with the plaintiff on the account of 0. Syer & Co., after being-endorsed by C. Syer & Co. The evidence tends…
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Civil actioN tried before Justice, J., at the June Special Term, 1917, of PASQUOTANK. This is an action instituted by the First National Bank of Elizabeth City against Eobert Brockett, of High Point, N. 0., to recover the sum of $1,335.70, being the amount of a check drawn by Eobert Brockett on 21 August, 1915, and paid to 0. Syer & Co., of Norfolk, Va., and deposited with the plaintiff on the account of 0. Syer & Co., after being-endorsed by C. Syer & Co. The evidence tends to prove that Brockett received credit for the full sum and 0. Syer & Co. received credit for the full $1,335.70 from…
1Opinion of the CourtAllen, J.
The principle requiring the loss of a paper to be established before evidence of its contents is admitted has no application to this case, because the defendant admits in his answer the execution of the check, the amount, on what bank drawn, and to whom payable, and the nonproduction of the paper was only material after verdict in determining the action of the court with reference to indemnity. There was, however, evidence of loss of the check.
0. 0. Hayes, a member of tbe firm of 0. Syer & Co., testified tbat be received tbe check from tbe defendant and sent it to tbe plaintiff. E. V.…
2Cases cited1 opinion
- Shell v. . RosemanSupreme Court of North Carolina · 1911
3Cited by4 opinions
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- Collett v. Southern Railway Co.Supreme Court of North Carolina · 1930
- Lee v. . BankSupreme Court of North Carolina · 1932
- Lee v. Merchants BankSupreme Court of North Carolina · 1932