Sterling Mills, Inc. v. Saginaw Milling Co.
Supreme Court of North Carolina
Appeal by intervener from Bay, J., at March Term, 1922, of Ieedell. Plaintiff, a North Carolina corporation, with its principal place of business at Statesville, N. 0., having a cause of action against the Saginaw Milling Company, a foreign corporation, instituted this suit in the Superior Court of Iredell County, and sought to obtain service upon the defendant by attaching the proceeds of a draft in the hands of the Peoples Loan and Savings Bank, Statesville, N. O.,…
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Appeal by intervener from Bay, J., at March Term, 1922, of Ieedell. Plaintiff, a North Carolina corporation, with its principal place of business at Statesville, N. 0., having a cause of action against the Saginaw Milling Company, a foreign corporation, instituted this suit in the Superior Court of Iredell County, and sought to obtain service upon the defendant by attaching the proceeds of a draft in the hands of the Peoples Loan and Savings Bank, Statesville, N. O., alleging that said funds belonged to the defendant. Thereafter, on 19 August, 1921, the Second National Bank of Saginaw,…
1Opinion of the Court
Stacy, J".
Tbe burden was on tbe intervener to make good its claim and to sbow title to tbe property attached. Moon v. Milling Co., 176 N. C., 410. In order to meet tbis requirement, tbe intervening bank offered evidence tending to sbow, prima facie at least, tbat it was a purchaser of tbe draft in question for value, and a bolder of tbe same in due course, without notice of any defenses or equities. C. S., 3040; 1 Dan. on Neg. Inst., secs. 812 and 814 a; Jackson v. Love, 82 N. C., 405; Hodge v. Smith, 130 Wis., 326; Scoville v. Landon, 50 N. Y., 686.
After offering tbe draft in evidence, due…
2Cases cited6 opinions
- Hodge v. SmithWisconsin Supreme Court · 1907
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- Jackson v. . LoveSupreme Court of North Carolina · 1880
- Currie v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1911
- Scoville v. . LandonNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Denton v. Shenandoah Milling Co.Supreme Court of North Carolina · 1933
- Sitterson v. . SpellerSupreme Court of North Carolina · 1925
- State Planters Bank v. Courtesy Motors, Inc.Supreme Court of North Carolina · 1959
- Sugg v. St. Mary's Oil Engine Co.Supreme Court of North Carolina · 1927
- Textile Corp. v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1934
7 more not listed; retrieve them via the Exa API.