Carr v. Fidelity Bank
Supreme Court of North Carolina
Civil AotioN for plaintiff’s half of a fund deposited in defendant bank, tried before Moore, J., at. January Term, 1900, of DURHAM Superior Court. The plaintiff and John W. Smith owned some real estate in Durham as tenants in common, and employed J. O. Luns-ford to collect the rents, which he did, and deposited the same in the Fidelity Bank, to the credit of “Smith & Carr, by J. O. Lunsford, agent.”
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Civil AotioN for plaintiff’s half of a fund deposited in defendant bank, tried before Moore, J., at. January Term, 1900, of DURHAM Superior Court. The plaintiff and John W. Smith owned some real estate in Durham as tenants in common, and employed J. O. Luns-ford to collect the rents, which he did, and deposited the same in the Fidelity Bank, to the credit of “Smith & Carr, by J. O. Lunsford, agent.” When the fund had accumulated to $1,138.98, John W. Smith drew a check on the bank for $1,120, signed “Smith & Carr,” payable to “order of ourselves,” and endorsed “Smith & Carr,” which the bank…
1Opinion of the CourtClark, J.
The uncontradicted testimony is in substance this: Deposits to the amount of $1,138.98 were made in the defendant bank in the name of “Smith & Carr,” so entered on its books and in the depositors’ pass-book; four of the deposit tickets were made out by the depositors’ agent in the name of “Smith & Carr;” and two as “Smith & Garr, J. O. L., agent.” In fact the deposits came from rents collected from real estate owned by John W. Smith and Julian S-. Garr, as tenants in common, and not as partners, but this fact was not known to the bank. The deposits were made by J. O. Luns-ford, agent of the…
2Cases cited1 opinion
- Neiman v. Beacon Trust Co.Massachusetts Supreme Judicial Court · 1898