Armour Packing Co. v. Davis
Supreme Court of North Carolina
Civil aotion, tried before Starbuok, J., at January Term, 1896, of New HaNover Superior Court. The Armour Packing Company, by a motion in the cause, in the case of Tate, Treasurer v. The Bank of New Hanover, pending in the superior court of New Hanover, sought to recover possession of a certain cheek by it deposited in the said Rank of New Hanover, before insolvency, which was unpaid and is now held by the defendant receiver and by him claimed to be the property of tbe bank.
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Civil aotion, tried before Starbuok, J., at January Term, 1896, of New HaNover Superior Court. The Armour Packing Company, by a motion in the cause, in the case of Tate, Treasurer v. The Bank of New Hanover, pending in the superior court of New Hanover, sought to recover possession of a certain cheek by it deposited in the said Rank of New Hanover, before insolvency, which was unpaid and is now held by the defendant receiver and by him claimed to be the property of tbe bank. The check in controversy was deposited by petitioner in the bank on'the 16th day of June, 1893, three days before the…
1Opinion of the Court
Clark, J.:
Had the paper, when deposited by the plaintiff in the bank, been endorsed “ for collection,” there can be no question that it would have remained the property of the depositor, for the title would not have passed. Boykin v. Bank, at this Teim. Had the paper been col lected and the pi’oceeds mingled with the general funds of the bank, even if the paper had been endorsed “for collection,” the plaintiff would have been a simple contract creditor with no preference over other creditors. Bank v. Bank, 115 N. C., 226; Bank v. Davis, 114 N. C., 843. The point here presented is different…
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