Legal Opinion

Davis v. Butters Lumber Co.

Supreme Court of North Carolina

Decided April 15, 1902PublishedCited by 11 opinions

ActioN by Junius Davis, as receiver of the Bank of New TIanover, against the Butters Lumber Company, heard by Judge 0. Trl. Allen, at October Term, 1901, of the Superior Court of New HaNovek County. From a judgment for the plaintiff, the defendant appealed.

1Opinion of the CourtCook, J.

Defendant drew eight several drafts in favor of plaintiff bank, upon one Hurgan, residing in the city of Balti'more, and sent them to the bank, and it credited defendant with the amount, less $4.08 discount. They were duly accepted by Burgin, but before they were paid the bank was declared to be insolvent and placed in the hands of its receiver, plaintiff Davis. Plaintiff contends that the bank purchased said drafts for value and became the'owner in its own right, while defendant contends that it deposited them for collection only, paying the usual discount, J of 1 per cent, $4.08, for…

2Cases cited4 opinions

  1. Armour Packing Co. v. DavisSupreme Court of North Carolina · 1896
  2. Cotton Mills v. Weil.Supreme Court of North Carolina · 1901
  3. Morrison v. . WatsonSupreme Court of North Carolina · 1886
  4. Boykin v. Bank of FayettevilleSupreme Court of North Carolina · 1896

3Cited by11 opinions

  1. Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
  2. Third National Bank of St. Louis v. ExumSupreme Court of North Carolina · 1913
  3. First National Bank of Columbus v. RochamoraSupreme Court of North Carolina · 1927
  4. Temple v. . LabergeSupreme Court of North Carolina · 1922
  5. Latham v. . SpraginsSupreme Court of North Carolina · 1913

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