Legal Opinion

Hodgin v. Peoples' National Bank

Supreme Court of North Carolina

Decided April 25, 1899PublishedCited by 22 opinions

Civil ActioN upon a money demand for the recovery of deposits alleged to have been misapplied, tried before M cl ver, J., at August Term, 1898, of Forsyth Superior Court. The plaintiff is surviving partner of the firm of Hodgin Bros. & Lunn, composed of himself and L. L. Lunn.

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Civil ActioN upon a money demand for the recovery of deposits alleged to have been misapplied, tried before M cl ver, J., at August Term, 1898, of Forsyth Superior Court. The plaintiff is surviving partner of the firm of Hodgin Bros. & Lunn, composed of himself and L. L. Lunn. The firm became indebted to the banlc in the sum of $5,800, and effected a compromise at 50 per cent., and executed a note at the bank for $2,900, dated December 5, 1893, payable six months after date, with privilege of renewal. On 16th March, 1896,L. L. Lunn died, and plaintiff,Hodgin, as surviving partner proceeded to…

1Opinion of the Court

FURCHES and DOUGLAS, JJ., dissent. A bank has the right to apply the debt due by it for deposits (542) to any indebtedness by the depositor, in the same right, to the bank, provided such indebtedness to the bank has matured. Bank v. Hill,76 Ind. 223; Knapp v. Cowell, 77 Iowa 528; Coats v. Preston, 105 Ill. 470; Bank v. Bowen, 21 Kansas, 354; Clark v. Bank, 160 Mass. 26; Bank v.Armstrong, 15 N.C. 519; Muench v. Bank, 11 Mo. App. 144; Morse on Banks, sec. 324; Bank v. Hughes, 17 Wend., 94; Eyrich v. Bank, 67 Miss. 60. Even if the indebtedness to the bank has not matured, if the depositor…

2Cases cited20 opinions

  1. Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
  2. Commercial Bank v. HughesNew York Supreme Court · 1837
  3. Nashville Trust Co. v. BankTennessee Supreme Court · 1892
  4. Coates v. PrestonIllinois Supreme Court · 1882
  5. Second Nat'l Bank v. HillIndiana Supreme Court · 1881

15 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
  2. In Re BrittonUnited States Bankruptcy Court, E.D. North Carolina · 1988
  3. Page Trust Co. v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1924
  4. Neely v. Grayson County National BankCourt of Appeals of Texas · 1901
  5. Coburn v. . CarstarphenSupreme Court of North Carolina · 1927

17 more not listed; retrieve them via the Exa API.

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