Latham v. . Spragins
Supreme Court of North Carolina
Appeal by interpleader from Peebles, J., at January Term, 1913, of Guilford. Civil action, tried upon these issues: 1. Is the Elkhorn Bank and Trust Company the owner and entitled to the possession of the property in controversy? Answer: No. 2. What damage, if any, is the plaintiff entitled to recover of J. D. Spragins, defendant? Answer: One thousand four hundred sixty-eight dollars and forty-four cents ($1,468.44), with interest from 31 October, 1910. 3. What was the value…
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Appeal by interpleader from Peebles, J., at January Term, 1913, of Guilford. Civil action, tried upon these issues: 1. Is the Elkhorn Bank and Trust Company the owner and entitled to the possession of the property in controversy? Answer: No. 2. What damage, if any, is the plaintiff entitled to recover of J. D. Spragins, defendant? Answer: One thousand four hundred sixty-eight dollars and forty-four cents ($1,468.44), with interest from 31 October, 1910. 3. What was the value of the cotton seized and replevied in’ this action ? Answer: Sixteen hundred seventy-three dollars and twenty-two cents…
1Opinion of the CourtBrown, J.
The plaintiff recovered judgment in this action against the defendant Spragins for damages in sale of cotton. Plaintiff also sued'out in this action a writ of attachment and , seized a lot of cotton at Greensboro. The Elkhorn Bank and Trust Company interpleaded, claiming the cotton. Spragins shipped the cotton attached to plaintiff at Greensboro, and drew on him with'bill of lading attached. The draft was payable to and discounted by the interpleader, and the net proceeds placed to Spragins’ credit. This draft with bill of lading attached was duly presented, and payment being refused, it was…
2Cases cited3 opinions
- Cotton Mills v. Weil.Supreme Court of North Carolina · 1901
- Davis v. Butters Lumber Co.Supreme Court of North Carolina · 1902
- United States National Bank of New York v. McNairSupreme Court of North Carolina · 1894
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- Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
- State Planters Bank v. Courtesy Motors, Inc.Supreme Court of North Carolina · 1959
- Manufacturing Co. v. . TierneySupreme Court of North Carolina · 1903
- Ranney-Davis Mercantile Co. v. First National BankSupreme Court of Kansas · 1919
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