People's National Bank of Fayetteville v. Lutterloh
Supreme Court of North Carolina
Civil action, tried before Boy Join, Judge, and a jury, at May Term, 3886, of CUMBERLAND Superior Court. This action, is against T. J. Jones, the drawee and acceptor, and the drawer of a check or draft in favor of B. & T. C. Fuller, and by them endorsed to the plaintiff, which is in these words: “,$720.00. Fayetteville, N. C., January 2nd, 1879. Thirty days after date, pay to the order of Messrs.
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Civil action, tried before Boy Join, Judge, and a jury, at May Term, 3886, of CUMBERLAND Superior Court. This action, is against T. J. Jones, the drawee and acceptor, and the drawer of a check or draft in favor of B. & T. C. Fuller, and by them endorsed to the plaintiff, which is in these words: “,$720.00. Fayetteville, N. C., January 2nd, 1879. Thirty days after date, pay to the order of Messrs. B. & T. C. Fuller, seven hundred and twenty dollars, value received, and charge the same to account of T. S. JFTTTERLOH. To Mb,. T. J. JoNes.” The draft was presented to the drawee and accepted by…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). We think the law was correctly laid down by the Court, and the appellant has no just grounds of complaint. The ruling is in accord with that made by this Court in Wittkowski v. Smith, 84 N. C., 671, in its apjiroving quotation from 1 Dan. Neg. Ins., §640, that a draft payable at no definite place in a city or town, must be presented at the maker’s residence or place of business, if he has such, at its maturity, and if he has none, then the presence of the instrument in the place is a sufficient presentation.
While protest of a domestic draft or inland…
2Cases cited1 opinion
- Wittkowski v. . SmithSupreme Court of North Carolina · 1881