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SOUTHERN BNK. & TRST. CO. v. HARRISON SALES CO. INC.

22240

285 S.C. 50 (1985)

328 S.E.2d 66

SOUTHERN BANK AND TRUST COMPANY, Appellant, v. HARRISON SALES COMPANY, INC., Respondent.

Supreme Court of South Carolina.

Decided February 28, 1985.

Attorney(s) appearing for the Case

Donald B. Wildman and Paul R. Hibbard of Johnson, Smith, Hibbard, Cleveland, Wildman & Dennis, Spartanburg, and Robert C. Wilson, Jr., of Haynesworth, Perry, Bryant, Marion & Johnstone, Greenville, for appellant.

Shannon Henson and Horace C. Smith, Spartanburg, for respondent.

Submitted Feb. 12, 1985.

Decided Feb. 28, 1985.

Per Curiam:

The trial judge sustained Harrison Sales Company's demurrer to Southern Bank and Trust Company's complaint. We reverse.

A.E. Pennebaker Company, which is apparently Harrison's factor, presented a draft drawn on Harrison's account. Contrary to Harrison's instructions, Southern paid the draft without Harrison's approval. Southern brought this declaratory judgment action to determine...

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