Legal Opinion

Standard Trust Co. of New York v. Commercial National Bank

Supreme Court of North Carolina

Decided May 30, 1914PublishedCited by 43 opinions

Appeal by plaintiff from Shaw, J., at October Term, 1913, of GrTTILEORD. This action was brought to recover the amount of a check drawn by Sol N. Cone, at Greensboro, N. 0., on 4 October, 1910, in favor of Latham, Alexander & Oo. of the city of New York, for $5,000. The check was received in due time by the payee, indorsed to and deposited with the plaintiff Standard Trust Company to the credit of said payee, who immediately drew it out by checks against the amount so placed…

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Appeal by plaintiff from Shaw, J., at October Term, 1913, of GrTTILEORD. This action was brought to recover the amount of a check drawn by Sol N. Cone, at Greensboro, N. 0., on 4 October, 1910, in favor of Latham, Alexander & Oo. of the city of New York, for $5,000. The check was received in due time by the payee, indorsed to and deposited with the plaintiff Standard Trust Company to the credit of said payee, who immediately drew it out by checks against the amount so placed to its credit as a cash item, this being in accordance with an understanding previously existing between Latham,…

1Opinion of the Court

Walkeb, J.,

after stating the case: It is now very common learning that where judgment of nonsuit is given upon the evidence the plaintiff is entitled to have the same construed most favorably for him (Brittain v. Westall, 135 N. C., 492; Morton v. Limber Co., 152 N. C., 54; Johnston v. R. R., 163 N. C., 431); and we will so consider it throughout the discussion of the case.

Wo find this statement in the brief of plaintiff’s counsel: “In the course of the debate upon the motion to nonsuit, the trial judge stated that but for the introduction by the plaintiff of a portion of defendant’s answer,…

2Cases cited11 opinions

  1. Johnson v. . R. R.Supreme Court of North Carolina · 1913
  2. First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
  3. Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
  4. S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
  5. Wisner v. First National BankSupreme Court of Pennsylvania · 1908

6 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Stewart v. . Carpet Co.Supreme Court of North Carolina · 1905
  2. Powell v. . StricklandSupreme Court of North Carolina · 1913
  3. Lamb v. PerrySupreme Court of North Carolina · 1915
  4. Woody v. . BankSupreme Court of North Carolina · 1927
  5. General American Life Insurance v. StadiemSupreme Court of North Carolina · 1943

38 more not listed; retrieve them via the Exa API.

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