Dowd v. Stephenson
Supreme Court of North Carolina
This was a civil action, tried at the Fall Term, 1889, of Wake Superior Court, by Arm field, J. The following is a copy of the material parts of the case settled on appeal: The plaintiff sued the defendant for the sum of $273.42 and interest, claimed to be due for money paid out on defendant’s written requests, or checks, by the State National Bank— in other words, an overdraft for that amount. The plaintiff was the receiver of the bank.
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This was a civil action, tried at the Fall Term, 1889, of Wake Superior Court, by Arm field, J. The following is a copy of the material parts of the case settled on appeal: The plaintiff sued the defendant for the sum of $273.42 and interest, claimed to be due for money paid out on defendant’s written requests, or checks, by the State National Bank— in other words, an overdraft for that amount. The plaintiff was the receiver of the bank. The defendant admitted drawing the checks and the payment of the money by the bank to the amount of the draft, but denied any indebtedness to the bank, or to…
1Opinion of the CourtMerrimoN, C. J.
after stating the case: The issue tendered by the defendant did not embrace the whole matter of fact at issue — that submitted by the Court did, and was sufficient.
In the absence of special authority for such purpose, neither its president nor its cashier, nor these officers acting conjointly, had authority or right to appropriate and devote any part of the funds of the bank of which the plaintiff is receiver, to the payment of such president’s personal debt *471due to the defendant. Such authority, ordinarily, was beyond the scope of the purpose and duties of such officers. No doubt the…
2Cited by5 opinions
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