First National Bank of Charlotte v. Alexander
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of Mecklen-burg Superior Court, before McKoy, J. O. P. Noel, a creditor of the defendant, as a means of payment, drew his check on the latter for the amount of his debt in favor of the plaintiff bank.
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Civil Action tried at Spring Term, 1880, of Mecklen-burg Superior Court, before McKoy, J. O. P. Noel, a creditor of the defendant, as a means of payment, drew his check on the latter for the amount of his debt in favor of the plaintiff bank. It was presented to the defendant who after one o’clock on the 6th day of August, 1875, took it up and gave his own check for the same amount on the bank of Mecklenburg (whose banking house was about 200 feet distant from that of the plaintiff) payable to said Noel or bearer, and delivered if to the plaintiff. No demand was made on the bank of Mecklenburg…
1Opinion of the Court
Smith, C. J.,
after stating the case. The law is well settled that the holder of such check, unless his diligence is quickened by information of the precarious condition of the drawee, and he then unreasonably delays to make demand of payment, may present it during business hours on the next day. “ Banks would be kept in a continual fever,” remarks a recent author on this subject, “ if they were compelled to send out a check the moment it was received.” 2 Danl. Neg. Inst., § 1590. If the bank-be in the same place in which the check is drawn, and suspends payment after the opening of business…
2Cited by10 opinions
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- Turrentine v. . Richmond Davidson RailroadSupreme Court of North Carolina · 1885
- Blackwelder v. Fergus Motor Co.Montana Supreme Court · 1927
- Stern v. BenbowSupreme Court of North Carolina · 1909
- Stern v. . BenbowSupreme Court of North Carolina · 1909
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