Legal Opinion

Fort v. First National Bank

Supreme Court of South Carolina

Decided April 13, 1909No. 7163PublishedCited by 7 opinions

Before Wieson, J., Lexington, June, 1908. Action by James C. Fort against First National Bank of Batesburg. From judgment for plaintiff, defendant appeals. Messrs. Bñrd & Dreher cite: Parol evidence of contents of check: 22 N. J. L-, 552; 10' Md., 234. Bank had no control of deposit: 78 $. C., 408. cite: Depositors may make express contract zvith bank: 77 S- C., 308.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The testimony tends to show these facts: In December, 1903, S. B. Coats offered to sell James C. Fort a house and lot in Batesburg, S. C., for eight hundred and fifty dollars, and Fort was informed that the First National Bank of Batesburg had a mortgage on the premises and that Rogers Bayly was claiming a mechanic’s lien thereon for fifty-eight dollars. ’ A suit was then pending in the Common Pleas Court for Lexington County by Bayly, as plaintiff, against Coats and the First National Bank, as defendants, for the enforcement of the…

2Cases cited2 opinions

  1. Livingstain v. Columbian Banking & Trust Co.Supreme Court of South Carolina · 1907
  2. Bank of Spartanburg v. MahonSupreme Court of South Carolina · 1907

3Cited by7 opinions

  1. Sawyers v. ConnerMississippi Supreme Court · 1917
  2. Carolina Life Ins. Co. v. Bank of GreenwoodSupreme Court of South Carolina · 1950
  3. Owen v. Tangipahoa Bank & Trust Co.Supreme Court of Louisiana · 1934
  4. State v. FoxworthSupreme Court of South Carolina · 1924
  5. Temple v. McKay, County TreasurerSupreme Court of South Carolina · 1934

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