Worth Co. v. International Sugar Feed No. 2 Co.
Supreme Court of North Carolina
Appeal from Peebles, J., at April Term, 1916, of New Haitovee. This is an action brongbt by the plaintiff against the defendant feed company, before George Harriss, justice of the peace, to recover the amount of $106.50, claimed by tbe plaintiff to be due and owing to it by the defendants for commission on certain goods sold.
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Appeal from Peebles, J., at April Term, 1916, of New Haitovee. This is an action brongbt by the plaintiff against the defendant feed company, before George Harriss, justice of the peace, to recover the amount of $106.50, claimed by tbe plaintiff to be due and owing to it by the defendants for commission on certain goods sold. An attachment was issued against the proceeds of a certain draft in the Murchison National Bank, and the Bank of Commerce and Trust Company of Memphis intervened and claimed ownership of draft. Judgment was rendered in the justice’s court against the defendant, and the…
1Opinion of the CourtAlleN, J.
The intervening bank was the holder of the draft duly indorsed, and as there is neither allegation nor proof that the title of the feed company, which negotiated the draft, was defective (Bev., sec. 2204), the only question presented by the appeal is‘whether his Honor correctly held, as matter of law, that the bank held the draft for collection and not as a purchaser for value.
If it was a purchaser for value, the draft became the property of the bank, and the proceeds could not be attached in the hands of the Murchison Bank as the property of the feed company; but if a mere collecting agent,…
2Cases cited22 opinions
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- In re State BankSupreme Court of Minnesota · 1894
- Citizens' State Bank v. . CowlesNew York Court of Appeals · 1905
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3Cited by35 opinions
- North Carolina National Bank v. GillespieSupreme Court of North Carolina · 1976
- State v. HortonSupreme Court of North Carolina · 1969
- State v. TilleySupreme Court of North Carolina · 1954
- State v. . CohoonSupreme Court of North Carolina · 1934
- Currie v. . R. R.Supreme Court of North Carolina · 1911
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