Harter v. Bank of Brunson
Supreme Court of South Carolina
Before Prince, J., Plampton, June term, 1911. Action by W. E. Harter against Bank of Brunson. Defendant appeals. Mr. deLoach cites: Burden is not on bank to shotv absence of negligence: 90 Tenn. 227; 7-La. 477; 13 La. 114; 106 Ala. 387; 73 La. 649; 131 Pa. 101. Title to drafts to be collected remains in depositor: 77 N. W. 796; 75 N. W. 228. Under agreement of deposit draft subject to counter-charge: 52 S. W. 47; 118 Cal. 600. cites: Collecting bank is agent of receiving…
Read the full summary
Before Prince, J., Plampton, June term, 1911. Action by W. E. Harter against Bank of Brunson. Defendant appeals. Mr. deLoach cites: Burden is not on bank to shotv absence of negligence: 90 Tenn. 227; 7-La. 477; 13 La. 114; 106 Ala. 387; 73 La. 649; 131 Pa. 101. Title to drafts to be collected remains in depositor: 77 N. W. 796; 75 N. W. 228. Under agreement of deposit draft subject to counter-charge: 52 S. W. 47; 118 Cal. 600. cites: Collecting bank is agent of receiving bank: Century Dig. 606; Decennial Dig., sec. 171; Key Number Series Am. Dig., sec. 171; 3 Hill. 77. Drawer relieved of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
On September 17, 1906, J. W. Sullivan, of Fairfax, S. C., for value received, made and delivered to plaintiff his draft for $200 on W. F. Cummings, of Hampton, S. C. Plaintiff endorsed the draft and deposited it with defendant, and the amount thereof was placed to his credit on his account with defendant. It was listed, with other items, on a blank form of deposit slip which was filled up and signed by plaintiff, and upon which, over plaintiff’s signature, there was printed the following-stipulation: “For value received, we the…
2Cases cited1 opinion
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
3Cited by6 opinions
- Spooner v. Bank of DonalsonvilleSupreme Court of Georgia · 1916
- Ryan v. Columbia National BankSupreme Court of South Carolina · 1927
- Campbell v. Noble-Trotter Rice Milling Co.Supreme Court of South Carolina · 1938
- E.S. MacOmber Co., Inc. v. Commercial BankSupreme Court of South Carolina · 1932
- Ex Parte Calcasieu-Marine Nat'l BankSupreme Court of South Carolina · 1938
1 more not listed; retrieve them via the Exa API.