First National Bank of Winston v. Wachovia Loan & Trust Co.
Supreme Court of North Carolina
CONTROVERSY without action, heard before Hoke, «A, at August, 1896, Term of Eorsyth Superior Court. The facts appear in the opinion of Associate Justice Eurohes. Judgment was rendered in favor of the plaintiff for $794.20 and defendant appealed.
1Opinion of the Court
Fmtcincs, J.:
This is a submission without action upon the facts agreed under Section 567 of The Code. When the case was docketed in this Court it did not contain the affidavit required by the statute. But upon motion of plaintiff (the defendant being present and not objecting) the plaintiff was allowed to file the required affidavit and the Court proceeded to hear the case.
Upon the hearing below, the court rendered judgment for the plaintiff. In this there is error.
Reynolds drew on Sterns &Ray, and they accepted these drafts, which the plaintiff discounted for Reynolds before they were due.…
2Cited by2 opinions
- Grandy v. . GulleySupreme Court of North Carolina · 1897
- Green v. HarshawSupreme Court of North Carolina · 1924