Legal Opinion

Southern Seating & Cabinet Co. v. First National Bank

Supreme Court of South Carolina

Decided September 26, 1910No. 7673PublishedCited by 1 opinion

Before DanTzlEr, J., Charleston, November, 1909. Action by Southern Seating and Cabinet Company against The First National Bank. From judgment for defendant, plaintiff appeals. cites: Liability as to duplicate bills: 40 N. Y., 345; 52 N. Y., 572; 31 N. Y., 382; 48 Am. Dec., 129; 13 Pet., 205; 70 Am.

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Before DanTzlEr, J., Charleston, November, 1909. Action by Southern Seating and Cabinet Company against The First National Bank. From judgment for defendant, plaintiff appeals. cites: Liability as to duplicate bills: 40 N. Y., 345; 52 N. Y., 572; 31 N. Y., 382; 48 Am. Dec., 129; 13 Pet., 205; 70 Am. Dec., 4G9; 31 N. F., 308. A check is an assignment of so much deposit: 74 S. C., 210; 12 Rich., 518; 41 S. C., 577; 45 S. C., 569; 54 S. C., 367; 56 S. C, 320; 69 S. C., 374; 77 S. C., 306; 83 S. C., 294; 89 Am. Dec., 436; 49 N. E., 420; 2 Dan. Neg. Inst., sec. 1638; Morse on Bank, 471; 2 Ency.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

On March 9, 1907, Bishop H. P. Northrop sent to the plaintiffs a check for five hundred dollars on The First National Bank of Charleston, S. C. This check has never been presented for payment. The plaintiffs having written! Bishop Northrop asking payment of the balance of a debt which the check was intended to pay, Bishop Northrop sent another check written in these words:

“Charleston, S. C., 8th April, 1907. No. The First National Bank — of Charleston, S. C. Pay to the order of the Southern Seating and Cabinet Company, $500, five…

2Cases cited1 opinion

  1. Loan & Savings Bank v. Farmers & Merchants BankSupreme Court of South Carolina · 1906

3Cited by1 opinion

  1. McClain v. TorkelsonSupreme Court of Iowa · 1919

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