Hawes v. . Blackwell
Supreme Court of North Carolina
This w.as a civil ACTION, tried by Armfield, J., at the January Term, 1890, of Durham Superior Court. The plaintiff is holder for value of the check specified in the complaint, whereof the following is a copy: “ 508.80. Durham, N. C., Nov. 10th, 1888. The Bank of Durham, pay to S. H. Hawes or order five hundred and eight and -mr dollars.
Read the full summary
This w.as a civil ACTION, tried by Armfield, J., at the January Term, 1890, of Durham Superior Court. The plaintiff is holder for value of the check specified in the complaint, whereof the following is a copy: “ 508.80. Durham, N. C., Nov. 10th, 1888. The Bank of Durham, pay to S. H. Hawes or order five hundred and eight and -mr dollars. No. 1,032. J. W. Blackwell ” The defendant J. W. Blackwell is the drawer of the check, and the defendants M. W. Hicks and S E. Watts are trustees in the deed of trust executed by him, presently to be mentioned, to secure his creditors therein mentioned ; the…
1Opinion of the CourtMerrision, C. J.
after stating the facts: When a bank, in the course of its business, receives deposits of money in the absence of any agreement to the contrary, the money deposited with it at once becomes that of the bank, part of its general funds, and can be used, by it for any purpose, just as it uses, or may use, its monies otherwise acquired. The depositor, when, and as soon as he so makes a deposit, becomes a creditor of the bank, and the latter becomes bis debtor for the amount of money deposited, agreeing to dis charge the debt so created by honoring and paying the checks or orders the depositor may,…
2Cases cited5 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- Laclede Bank v. SchulerSupreme Court of the United States · 1887
- Boyden v. President of the BankSupreme Court of North Carolina · 1871
- Brem v. . CovingtonSupreme Court of North Carolina · 1889
- Nimocks v. . WoodySupreme Court of North Carolina · 1887
3Cited by11 opinions
- Standard Trust Co. of New York v. Commercial National BankSupreme Court of North Carolina · 1914
- Corp. Commission v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1927
- Varley v. SimsSupreme Court of Minnesota · 1907
- Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
- People Ex Rel. Nelson v. Home State Bank of Grant ParkIllinois Supreme Court · 1930
6 more not listed; retrieve them via the Exa API.