Boykin v. Bank of Fayetteville
Supreme Court of North Carolina
Civil action, heard on appeal from a judgment of a justice of the peace, before Soke, D, at November Term, 1895, of CuMBKRLAND Superior Court- The action was brought to recover the amount of a draft sent by the plaintiff to Bank of New Hanover, at Wilmington, endorsed “ for collection and remittance ” and by the latter bank sent to the defendant. On the trial John 0. Haigh testified as follows : “ Received draft from Bank New Hanover.
Read the full summary
Civil action, heard on appeal from a judgment of a justice of the peace, before Soke, D, at November Term, 1895, of CuMBKRLAND Superior Court- The action was brought to recover the amount of a draft sent by the plaintiff to Bank of New Hanover, at Wilmington, endorsed “ for collection and remittance ” and by the latter bank sent to the defendant. On the trial John 0. Haigh testified as follows : “ Received draft from Bank New Hanover. Draft accepted and paid by A. E. Rankin & Co. Gave hank credit for it. Didn’t send them any money. Raid 17th June, 1893, by Rankin & Go. Didn’t send any money;…
1Opinion of the Court
Clark, J.:
The endorsement on the paper “for collee-' tion ” was notice to the defendant that the plaintiff was the owner of the same and that the "Wilmington bank was merely an agent. Morse on Banks, Sec. 217 ; 2 lb., Sec. 598. If the defendant had actually paid the money collected to the agent before any notice from the principal, it would have been a discharge of liability ; but, here, there has been no actual payment, simply an entry of the amount on its books to the credit of the Wilmington bank, which was authority for that bank to draw, but this could be corrected by a counter entry and…
2Cases cited3 opinions
- Abrams v. . CuretonSupreme Court of North Carolina · 1876
- Wynne v. . HeckSupreme Court of North Carolina · 1885
- Stevenson v. Fidelity Bank of DurhamSupreme Court of North Carolina · 1893
3Cited by11 opinions
- First State Bank of Bristow v. O'BannonSupreme Court of Oklahoma · 1928
- Davis v. Butters Lumber Co.Supreme Court of North Carolina · 1902
- National Bank of Commerce v. JohnsonNorth Dakota Supreme Court · 1896
- Willard Manufacturing Co. v. TierneySupreme Court of North Carolina · 1903
- Eifel v. VeigelSupreme Court of Minnesota · 1926
6 more not listed; retrieve them via the Exa API.