Legal Opinion

Standard Trust Co. v. Commercial National Bank

Supreme Court of North Carolina

Decided November 18, 1914PublishedCited by 11 opinions

Appeal by plaintiff from Devin, J., at August Term, 1914, of Grtnx-EORD. Civil action tried upon this issue: 1. Is the plaintiff the owner and purchaser for value of the check sued on? Answer: No. Eight issues in all were submitted to the jury, but under instructions of the court the jury answered only the first. The court rendered judgment dismissing the action, and the plaintiff appealed.

1Opinion of the CourtBrowN, J.

This case was before this Court at the last term, and is reported in 166 N. C., p. 113. The facts are fully set out in that report, and are referred to in explanation of this opinion.

The action is brought to recover, on a check for $5,000, drawn by Sol N. Cone at G-reensboro, N. C., on 4 October, 1910, in favor of Latham, Alexander & Co. of the city of New York. The check was received by the payee, indorsed by them to the plaintiff, the Standard Trust Company, who forwarded it through the Girard Trust Company for collection and credit of the plaintiff.

In this trial his Honor instructed the…

2Cases cited3 opinions

  1. Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
  2. American National Bank v. FountainSupreme Court of North Carolina · 1908
  3. Triplett v. . FosterSupreme Court of North Carolina · 1894

3Cited by11 opinions

  1. Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
  2. First National Bank of Columbus v. RochamoraSupreme Court of North Carolina · 1927
  3. Clark v. Laurel Park Estates, Inc.Supreme Court of North Carolina · 1929
  4. Branch Banking and Trust Co. v. Bank of WashingtonSupreme Court of North Carolina · 1961
  5. Lister v. . ListerSupreme Court of North Carolina · 1943

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