Singer Manufacturing Co. v. City National Bank
Supreme Court of North Carolina
Civil action, beard by Ward, J., at February Term, 1907, of tbe Superior Court of Uuileoed County. This is an action brought by the plaintiff to recover 'a sum of money belonging to plaintiff and deposited by its agent, Summers, to his individual credit, in defendant bank. Summers procured a cashier’s check, drawn by the cashier of defendant bank in Summers’ favor$ and endorsed it to the defendant Fuller. Plaintiff enjoined the payment of the check to Fuller.
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Civil action, beard by Ward, J., at February Term, 1907, of tbe Superior Court of Uuileoed County. This is an action brought by the plaintiff to recover 'a sum of money belonging to plaintiff and deposited by its agent, Summers, to his individual credit, in defendant bank. Summers procured a cashier’s check, drawn by the cashier of defendant bank in Summers’ favor$ and endorsed it to the defendant Fuller. Plaintiff enjoined the payment of the check to Fuller. Upon the pleadings his Honor, Judge Ward, presiding, submitted the following issue to the jury: “Was the defendant Fuller a purchaser…
1Opinion of the Court
Pee Cueiam :
A careful examination of the record in this case has led us to conclude that no formal opinion is necessary. The issue involved purely .a question of fact, and that has been decided against the plaintiff under a clear charge, free from error. The contention so earnestly pressed, that the testimony of the defendant Fuller shows that a small part of the consideration for the assignment to him of the cashier’s check was an immoral and illegal consideration, is not supported by the record. The fact that Fuller admitted that he received $150 from Summers for the purpose of making a…
2Cited by5 opinions
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