Mangum v. Mutual Grain Co.
Supreme Court of North Carolina
Appeal by intervener from D&oin, J., at April Term, 1922, of Wake. Plaintiff, a citizen of this State, having a cause of action against the Mutual Grain Company, a foreign corporation, instituted this suit in the Superior Court of Wake County and sought to obtain service by attaching the proceeds of a certain draft in the hands of the Bank of Wake, Wake Forest, N. 0., it being alleged that said funds belonged to the defendant.
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Appeal by intervener from D&oin, J., at April Term, 1922, of Wake. Plaintiff, a citizen of this State, having a cause of action against the Mutual Grain Company, a foreign corporation, instituted this suit in the Superior Court of Wake County and sought to obtain service by attaching the proceeds of a certain draft in the hands of the Bank of Wake, Wake Forest, N. 0., it being alleged that said funds belonged to the defendant. Thereafter, at the December Term, 1920, the Merchants National Bank of Richmond, Ya., was allowed to intervene and to set up its claim of title to the proceeds of said…
1Opinion of the CourtStacy, J.
Appellant -excepts because his Honor instructed the jury that the burden was on the intervener to make out its claim and to show title to the property attached. We find no error in this instruction. Moon v. Milling Co., 176 N. C., 410. But when it was shown that the draft, with bill of lading attached, was duly executed and in the possession of the intervener, made payable to its order, the presumption arose that it was a holder in due course. C. S., 3040; Mfg. Co. v. Tierney, 133 N. C., 635, and cases there cited.
There was further evidence tending to show that the bank was the holder and…
2Cases cited2 opinions
- Brooks v. Orange Rice Mill Co.Supreme Court of North Carolina · 1921
- Roseman Feed Co. v. Nashville Grain & Feed Co.Supreme Court of North Carolina · 1921
3Cited by11 opinions
- Jacobs v. PENDELNew Jersey Superior Court Appellate Division · 1967
- First National Bank of Columbus v. RochamoraSupreme Court of North Carolina · 1927
- National Bank v. Fidelity & Casualty Co.Court of Appeals for the Fourth Circuit · 1942
- State v. ZelichowskiSupreme Court of New Jersey · 1968
- Sitterson v. . SpellerSupreme Court of North Carolina · 1925
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