Legal Opinion

National Citizens' Bank of New York v. Citizens' National Bank of Raleigh

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 6 opinions

Civil actioN, tried before Starbuok, J., at January Term, 1896, of New HaNoveR Superior Court. By consent a jury trial was waived, and his Honor found the facts, which are substantially set out in the opinion of Associate Justice Montgomeby. There was judgment for the plaintiff, and the defendant appealed.

1Opinion of the Court

Montgohery, J.:

The drawer of the check lived in Raleigh, N. C., and the payees lived in New York City. The check was deposited by the payees in the plaintiff bank in New York, and by the plaintiffs sent on to the Bank of New Hanover at Wilmington, N. C., with endorsement, “ For collection for account of National Citizens’ Bank of New York” (the plaintiff). The check was sent by the Bank of New Hanover to the defendant bank at Raleigh, with the additional endorsement, “ For collection account of Bank of New Planover, Wilmington, N.C.” The defendant bank entered a credit on its books to the…

2Cases cited2 opinions

  1. Boykin v. Bank of FayettevilleSupreme Court of North Carolina · 1896
  2. Howard & Co. v. WalkerTennessee Supreme Court · 1893

3Cited by6 opinions

  1. Graham v. Proctorville WarehouseSupreme Court of North Carolina · 1925
  2. First State Bank of Bristow v. O'BannonSupreme Court of Oklahoma · 1928
  3. Eifel v. VeigelSupreme Court of Minnesota · 1926
  4. FIRST-CITIZENS BANK & TRUST COMPANY v. RaynorSupreme Court of North Carolina · 1956
  5. Piedmont Bank v. WilsonSupreme Court of North Carolina · 1899

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