Hutchins v. Bank.
Supreme Court of North Carolina
ActioN by J. W. Hutchins against The Planters National Bank of Richmond, heard bv Judge W. B. Council, at January Term, 1901, of Dubuam Countv Superior Court. Erom a judgment sustaining demurrer of defendant, the plaintiff appealed.
1Opinion of the CourtClark, J.
The defendant demurred on the ground that “being a National Bank, it had no power under the National Banking Act creating it to guaranty the debt sued upon.”
The Judge sustained the demurrer and dismissed the action. The plaintiff’s appeal presents only the correctness of that ruling for review.
The allegation in the complaint, which is admitted by the demurrer, is that the defendant, by letter, agreed that a draft drawn by plaintiff, not to exceed $300, upon Chalkley & Co. for hides to be shipped them by plaintiff should be paid, and that in consideration of that .guarantee the plaintiff…
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- Power County v. Evans Bros. Land & Live Stock Co.Idaho Supreme Court · 1926
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