Legal Opinion

Corp. Commission v. Merchants Bank & Trust Co.

Supreme Court of North Carolina

Decided May 11, 1927PublishedCited by 31 opinions

1Opinion of the CourtAdams, J.

The central question turns upon the nature of the transaction between the claimant and the Merchants Bank and Trust Com pany. Considered in view of the evidence and the verdict, what did the transaction amount to in contemplation of law? The answer involves preliminary inquiry into the nature of the deposit — whether it was general or special, or whether it was a deposit for a specific purpose.

A general deposit is the payment of money into a bank to be repaid upon demand; the deposit creates between the bank and the defendant the relation of debtor and creditor; the relation is legal; the…

2Cases cited17 opinions

  1. Dolph v. CrossSupreme Court of Iowa · 1911
  2. Smith v. Sanborn State BankSupreme Court of Iowa · 1910
  3. Boyden v. President of the BankSupreme Court of North Carolina · 1871
  4. Hitt Fireworks Co. v. Scandinavian American BankWashington Supreme Court · 1921
  5. Evans Ex Rel. Pendleton v. Dare Lumber Co.Supreme Court of North Carolina · 1917

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

3Cited by31 opinions

  1. King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
  2. Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
  3. Parker v. Central Bank & Trust Co.Supreme Court of North Carolina · 1932
  4. First & Citizens National Bank v. Corporation CommissionSupreme Court of North Carolina · 1931
  5. Edgecombe Bank & Trust Co. v. BarrettSupreme Court of North Carolina · 1953

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

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