Legal Opinion

Moore v. Greenville Banking & Trust Co.

Supreme Court of North Carolina

Decided September 24, 1919Published

ActioN tried before Guión, Jand a jury, at May Term, 1919, of Pitt. The action was brought by the feme plaintiff against the defendant to recover of it an alleged deposit of two thousand and ninety and 56-100 dollars, and to recover damages for refusal of defendant to honor plaintiff’s check.

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ActioN tried before Guión, Jand a jury, at May Term, 1919, of Pitt. The action was brought by the feme plaintiff against the defendant to recover of it an alleged deposit of two thousand and ninety and 56-100 dollars, and to recover damages for refusal of defendant to honor plaintiff’s check. (This last cause of action, however, has been abandoned.) The facts out of which this controversy arose may be briefly stated as follows: Prior to the fall of 1915, plaintiff’s husband, who is a party to this action, and W. L. Hall were doing a partnership business in the town of Greenville, and engaged…

1Opinion of the Court

Waleer, J.,

after stating the case: The case was before this Court at the Spring Term, 1917, and the decision below was reversed. It is reported in 173 N. C., at p. 180. A careful review of that opinion clearly shows that the governing principles of law involved in this litigation have already been passed upon by the Court favorably to the defendant. Especially is this so when we take into consideration the full force of the following excerpt from our opinion, found on the bottom of page 183: “In the present instance, as we have seen, the claim of defendant bank is against both the partnership…

2Cases cited35 opinions

  1. Reynes v. DumontSupreme Court of the United States · 1889
  2. &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
  3. Harrison v. . RaySupreme Court of North Carolina · 1891
  4. Bruce v. . NicholsonSupreme Court of North Carolina · 1891
  5. Irvin v. . ClarkSupreme Court of North Carolina · 1887

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