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PEOPLES BANK & TRUST CO. v. FIDELITY & CASUALTY CO

No. 97.

57 S.E.2d 809 (1950)

231 N.C. 510

PEOPLES BANK & TRUST CO. v. FIDELITY & CASUALTY CO. OF NEW YORK.

Supreme Court of North Carolina.

March 1, 1950.

Attorney(s) appearing for the Case

Thorp & Thorp, Rocky Mount, for plaintiff, appellant.

Battle, Winslow & Merrell, Rocky Mount, for defendant, appellee.

SEAWELL, Justice.

We are advised by counsel that the instant case is one of first impression in this State. Our own examination of the Reports reveals no decision of this Court dealing directly with a similar factual situation.

Two persons bearing the same name, Otha Langley, are concerned in the transactions out of which the litigation grew. Otha Langley of R. F. D. had a fund on deposit and a checking account with the plaintiff bank; Otha Langley of Nash...

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