Stowe v. Bank of Cape Fear
Supreme Court of North Carolina
Assumpsit, and upon the general issue pleaded, the case was as follows: The plaintiffs had a bill of exchange drawn by a person resident in Wilmington, upon a house in Fayetteville, which they sent to the Branch Bank of Cape Fear at the latter place, for collection. At the time the bill was due, the parties to it wore insolvent, and the office at Fayetteville neglected to notify the drawer of its nonpayment.
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Assumpsit, and upon the general issue pleaded, the case was as follows: The plaintiffs had a bill of exchange drawn by a person resident in Wilmington, upon a house in Fayetteville, which they sent to the Branch Bank of Cape Fear at the latter place, for collection. At the time the bill was due, the parties to it wore insolvent, and the office at Fayetteville neglected to notify the drawer of its nonpayment. They plaintiffs insisted that they had a right to recover the amount of the bill; but his Honor, Judge Norwood, informed the jury, that in estimating the damages, of the plaintiffs, they…
1Opinion of the Court
The plaintiffs had a bill of exchange drawn by a person resident in Wilmington, upon a house in Fayetteville, which they sent to the Branch Bank of Cape Fear at the latter place for collection. At the time (409) the bill was due the parties to it were insolvent, and the office at Fayetteville neglected to notify the drawer of its nonpayment.
The plaintiffs insisted that they had a right to recover the amount of the bill, but his Honor, Norwood, J., informed the jury that in estimating the damages of the plaintiffs they ought to take into consideration the insolvency of the parties to it.
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2Cited by4 opinions
- Branch Banking and Trust Co. v. Bank of WashingtonSupreme Court of North Carolina · 1961
- Balsa Ecuador Lumber Corp. v. Security National BankDistrict Court, E.D. North Carolina · 1956
- Branch Banking and Trust Co. v. Bank of WashingtonSupreme Court of North Carolina · 1961
- Williams v. . HowardSupreme Court of North Carolina · 1819