Legal Opinion · Dissent

Arnold v. Wachovia Bank & Trust Co.

Supreme Court of North Carolina

Decided March 21, 1928Published

1DissentStacy, C. J.

It seems to me that tbe rule with respect to considering tbe evidence in its most favorable light for tbe plaintiff, on a motion to nonsuit, has been reversed in this case, and that tbe more favorable inferences to be drawn therefrom have been given to tbe defendant.

There is evidence on the record tending to show that the Banking, Loan and Trust Company of Jonesboro (hereafter called the Jonesboro Bank), on 30 December, 1926, took the draft in question for collection as agent of the plaintiff, and forwarded the same to the Wachovia Bank and Trust Company (hereafter called the Wachovia Bank)…

2Cases cited12 opinions

  1. Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
  2. Cotton Mills v. Weil.Supreme Court of North Carolina · 1901
  3. Third National Bank of St. Louis v. ExumSupreme Court of North Carolina · 1913
  4. First National Bank of Columbus v. RochamoraSupreme Court of North Carolina · 1927
  5. Temple v. . LabergeSupreme Court of North Carolina · 1922

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