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FIRST-CITIZENS BANK & TRUST COMPANY v. RAYNOR

No. 521.

90 S.E.2d 894 (1956)

243 N.C. 417

FIRST-CITIZENS BANK & TRUST COMPANY, INC. OF DUNN v. Louis E. RAYNOR and United Co-Operative Credit Union.

Supreme Court of North Carolina.

January 13, 1956.

Attorney(s) appearing for the Case

Young & Taylor, Dunn, for plaintiff, appellant.

Burgess & Baker, Raleigh, for United Co-operative Credit Union for defendant, appellee.

No Counsel for Louis E. Raynor.

PARKER, Justice.

The $800 cheque was the property of the defendant Louis E. Raynor. It was made payable to his order. He did not indorse it. There is no evidence that he ever authorized anyone to indorse it for him. There is no evidence that he knew his wife had procured this cheque, and had deposited it in plaintiff's bank, until after the plaintiff had cashed her $800 cheque.

G.S. § 25-35 reads: "An instrument is negotiated when it is transferred from...

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