Peaslee-Gaulbert Co. v. Dixon
Supreme Court of North Carolina
Civil ACTION tried before Cline, J., at December Term, 1915, of Caswell. This is an action on a note, tried in tlie! Superior Court, on appeal from a justice of tbe peace, on tbe following agreed facts, tbe plea of tbe defendant being payment: 1. That tbe plaintiff is a corporation located and doing business in tbe State of Kentucky. 2. That the defendant is a citizen and resident of tbe county of Caswell, State of North Carolina. 3. That on 15 September, 1914, tbe defendant…
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Civil ACTION tried before Cline, J., at December Term, 1915, of Caswell. This is an action on a note, tried in tlie! Superior Court, on appeal from a justice of tbe peace, on tbe following agreed facts, tbe plea of tbe defendant being payment: 1. That tbe plaintiff is a corporation located and doing business in tbe State of Kentucky. 2. That the defendant is a citizen and resident of tbe county of Caswell, State of North Carolina. 3. That on 15 September, 1914, tbe defendant signed and delivered to tbe plaintiff bis promissory note in words and figures as follows: 15 September, 1914. Sixty…
1Opinion of the CourtAlleN, J.
His Honor sustained tbe plea of payment of tbe defendant, and tbe question for decision is whether tbis ruling is correct on tbe agreed facts.
Tbe note was payable at tbe Bank of Caswell, and tbis was “equivalent to an order to tbe bank to pay tbe same for tbe account of tbe principal debtor thereon” (tbe defendant). Eev.-, sec. 2237.
In addition to tbis, tbe Bank of Caswell was tbe agent of tbe plaintiff for collection (3 R. C. L., 639; 7 C. J., 597; Bank v. Floyd, 142 N. C., 187), and when the note was presented to tbe defendant for payment be wrote on it a direction to tbe bank to- charge to…
2Cases cited6 opinions
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Pratt v. . FooteNew York Court of Appeals · 1854
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
- Commercial Bank of Pennsylvania v. Union Bank of New-YorkNew York Court of Appeals · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. DoudnaSupreme Court of Iowa · 1939
- Wagner v. SpaethWyoming Supreme Court · 1927
- Dry v. . ReynoldsSupreme Court of North Carolina · 1934