Legal Opinion

Bank of Statesville Ex Rel. Connelly v. Waddell

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 1 opinion

Civil action, pending in Iredell Superior Court, and heard and determined by Clark, J., at Chambers, in Salisbury, August 29th, 1887. Judgment was entered for the plaintiff. Defendant appealed.

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Civil action, pending in Iredell Superior Court, and heard and determined by Clark, J., at Chambers, in Salisbury, August 29th, 1887. Judgment was entered for the plaintiff. Defendant appealed. This action, at the instance of the receiver of the Bank of Statesville, whose effects are in course of distribution in a creditor’s suit, was brought before a Justice of the Peace, and from his judgment, in favor of the plaintiff, carried, by the defendant’s appeal, to the Superior Court of Iredell County. It is prosecuted, to recover the sum of one hundred and fifty dollars, alleged to have been…

1Opinion of the Court

Smith, C. J.,

(after stating the facts). We do not concur in the opinion of the Court, which seems to have been controlled by the rules governing actions at law, and to ignore the admixture of equitable elements in the present system, under which ultimate results are reached in a single proceeding. It appears from the report, that R. F. Simonton, at the same,time being executor of David Waddell and cashier of the bank, having trust funds in his hands derived from the testator’s estate for the benefit of the defendant alone, or in association with another, made a deposit thereof in the bank in…

2Cases cited1 opinion

  1. Devereux v. Rochester German InsuranceSupreme Court of North Carolina · 1887

3Cited by1 opinion

  1. Mobley v. QuattlebaumSupreme Court of South Carolina · 1915

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