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BANNISTER & SONS, INC. v. WILLIAMS

No. 25.

135 S.E.2d 572 (1964)

261 N.C. 586

BANNISTER & SONS, INC. and Moultrie Livestock Company v. Jacob C. WILLIAMS, d/b/a Washington Hog Market and Bank of Washington. H. F. BURCH and C. B. Mayer, d/b/a Milan Stock Yard v. Jacob C. WILLIAMS, d/b/a Washington Hog Market and Bank of Washington. John W. SALTER, Jr., and McTyler Salter, d/b/a Dawson Livestock Co. v. Jacob C. WILLIAMS, d/b/a Washington Hog Market and Bank of Washington. TURNER COUNTY STOCK YARDS, INC. v. Jacob C. WILLIAMS, d/b/a Washington Hog Market and Bank of Washington. H. T. TROUP and J. W. Hudson Co., Ptrs., d/b/a Hudson-Troup Auctions v. Jacob C. WILLIAMS, d/b/a Washington Hog Market and Bank of Washington.

Supreme Court of North Carolina.

April 8, 1964.

Attorney(s) appearing for the Case

Marshall Ewing, Douglas, Ga., J. C. McDonald, Fitzgerald, Ga., and Bryan Grimes, Washington, for plaintiff appellants.

Rodman & Rodman, Washington, for Bank of Washington, defendant appellee.

SHARP, Justice.

In each complaint the plaintiff has joined a cause of action in contract for the purchase price of goods sold the defendant Williams with a cause of action against the defendant Bank for its alleged negligence in handling the draft drawn by plaintiff on Williams for the price of the goods. They have, therefore, clearly attempted to set up separate and distinct causes of action which do not affect all the defendants as contemplated by G.S. § 1...

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