Branch Banking and Trust Co. v. Bank of Washington

Branch Banking and Trust Company, hereafter called Branch Bank, received the drafts from the Bank of Halifax originally as an agent for collection. As such it was not originally the real party in interest under G.S. 1-57, and nothing else appearing would not be entitled to maintain this action. Bank v. Rochamora, 193 N.C. 1, 136 S.E. 259; Worth v. Feed Company, 172 N.C. 335, 90 S.E. 295; Bank v. Exum, 163 N.C. 199, 79 S.E. 498.

The 6th finding of fact in part is: “The Bank of Halifax was given credit for the drafts upon their receipt by the Branch Bank.”

According to the agreement between…