American National Bank v. Savannah Trust Co.
Supreme Court of North Carolina
Civil aotioN tried at April Term, 1916, of New Hahover, before Peebles, J. At the conclusion of all tbe evidence tbe court rendered judgment in favor of tbe defendant The Savannah Trust Company. Tbe plaintiff appealed.
1Opinion of the CourtBeoww, J.
Tbe plaintiff sued the defendant The Savannah Trust Company to recover tbe amount of a deposit in tbe said trust company, a corporation of Savannah, Georgia, and attached tbe sum of $1,400 in the possession of tbe Wachovia Loan and Trust Company of Winston-Salem. Tbe defendant admitted tbe deposit and claimed tbat it bad applied a part of it to tbe payment of a draft for $705, dated Swansea, S. C., 18 November, 1912, drawn by E. L. Lybrand & Co. on tbe Bank of Swansea in favor of Eeliance Fertilizer Company. Tbe defendant forwarded the draft to plaintiff bank, where it was received and…
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