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Singer Mfg. Co. v. Bank

Supreme Court of North Carolina
Oct 1, 1907
59 S.E. 72 (N.C. 1907)

Opinion

(Filed 30 October, 1907.)

Purchaser for Value — Consideration — Immorality or Illegality.

The jury having found that defendant Fuller was a purchaser in good faith, for a valuable consideration, without notice, of a cashier's check, procured from defendant bank by plaintiff's agent in depositing plaintiff's money to his individual credit, the verdict will not be disturbed when the evidence of the consideration supports the finding, and when there is insufficient evidence of immorality or illegality.

APPEAL from Ward, J., at February Term, 1907, of GUILFORD.

King Kimball and Thomas S. Beall for plaintiff.

John A. Barringer, W. P. Bynum, Jr., and T. H. Calvert for defendants.


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 indorsed it to the defendant Fuller. Plaintiff enjoined the payment of the check to Fuller. Upon the pleadings Ward, J., submitted the following issue to the jury: "Was the defendant Fuller a purchaser of the check in good faith, for valuable consideration and without notice of any infirmity in the instrument or defect in the title of Summers? Answer: Yes."


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, (320) is not supported by the record. The fact that Fuller admitted that he received $150 from Summers for the purpose of making a trip to Georgia and securing witnesses for Summers in his pending divorce suit against his wife does not justify the conclusion, in the absence of other evidence, that Fuller was to secure false and suborned testimony or to do any other act for Summers that was corrupt and against the policy of the law.

The judgment of the Superior Court is

Affirmed.


Summaries of

Singer Mfg. Co. v. Bank

Supreme Court of North Carolina
Oct 1, 1907
59 S.E. 72 (N.C. 1907)
Case details for

Singer Mfg. Co. v. Bank

Case Details

Full title:SINGER MANUFACTURING COMPANY v. CITY NATIONAL BANK ET AL

Court:Supreme Court of North Carolina

Date published: Oct 1, 1907

Citations

59 S.E. 72 (N.C. 1907)
145 N.C. 319

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