Commercial National Bank v. First National Bank of Gastonia
Supreme Court of North Carolina
Civil action, beard before Starbuek,«/., at Spring Term, li>96, of G-aston Superior Court, on a case agreed as follows : “I. That the plaintiff and defendants banks are both national banks duly incorporated, and engaged in the general banking business, the former being located in the city of Charlotte, N. C., and the latter in the town of Gastonia, N. C., and were so engaged at the times hereinafter mentioned. “ II.
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Civil action, beard before Starbuek,«/., at Spring Term, li>96, of G-aston Superior Court, on a case agreed as follows : “I. That the plaintiff and defendants banks are both national banks duly incorporated, and engaged in the general banking business, the former being located in the city of Charlotte, N. C., and the latter in the town of Gastonia, N. C., and were so engaged at the times hereinafter mentioned. “ II. That at the times hereinafter mentioned the defendants, Costner, Jones & Company, were a copartnership located in the town of Gastonia, and engaged in the general mercantile…
1Opinion of the Court
Clark, J.:
The holder of a check cannot maintain an action against the bank' upon which the check is drawn until after the acceptance of the check by the bank. Bank v. Mallard, 10 Wallace, 153; Hawes v. Blackwell, 107 N. C., 196; Marriner v. Lurnber Co., 113 N. C., 52. This is the uniform line of decisions in the Federal courts aud our own, and it is sustained by the overwhelming weight of authority in other courts, though there are a few decisions in other states to the contrary. The bank is the agent of the drawer; till acceptance of the check, it has assumed no liability to the payee; its…
2Cases cited7 opinions
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Benedict v. . CowdenNew York Court of Appeals · 1872
- The Saratoga County Bank v. . KingNew York Court of Appeals · 1870
- Hawes v. . BlackwellSupreme Court of North Carolina · 1890
- Wilcoxon v. . LoganSupreme Court of North Carolina · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Standard Trust Co. of New York v. Commercial National BankSupreme Court of North Carolina · 1914
- Bell-Wayland Co. v. Bank of SugdenSupreme Court of Oklahoma · 1923
- General American Life Insurance v. StadiemSupreme Court of North Carolina · 1943
- Parnell-Martin Supply Co. v. High Point Motor Lodge, Inc.Supreme Court of North Carolina · 1970
- Brantley v. . CollieSupreme Court of North Carolina · 1933
4 more not listed; retrieve them via the Exa API.