H.L. Beck & Co. v. Bank of Thomasville

• Decision Date: 15 November 1911
• Citation: H.L. Beck & Co. v. Bank of Thomasville, 72 S.E. 632, 157 N.C. 105 (N.C. 1911)
• Parties: H. L. BECK & CO. v. BANK OF THOMASVILLE et al.
• Court: North Carolina Supreme Court

72 S.E. 632

157 N.C. 105

H. L. BECK & CO. v. BANK OF THOMASVILLE et al.

Supreme Court of North Carolina

November 15, 1911

Appeal from Superior Court, Davidson County; Long, Judge.

Action by H. L. Beck & Co. against the Bank of Thomasville and another. Judgment for defendants, and plaintiff appeals. Dismissed.

Plaintiff brought two actions, one against defendant bank to correct certain errors in plaintiff's account, and the other against its cashier for slander, injury to plaintiff's credit, and the wrongful protest of plaintiff's checks. These actions being consolidated, all matters of account involved in the actions were referred, reserving, however for trial by jury the issues raised in the pleadings as to slander, refusing payment of checks and protesting checks for nonpayment, and other torts. Held, that a judgment for defendant entered on the referee's report prior to the trial of the reserved issues was interlocutory, and not appealable.

E. E Raper, Walser & Walser, and Thos. J. Shaw, for appellant.

Watson Buxton & Watson, for appellees.

ALLEN J.

The plaintiff instituted two actions in the superior court of Davidson county; one being against the bank of Thomasville and the other against J. L. Armfield, its cashier. These actions were consolidated by order of court. The plaintiffs allege certain errors in their account with the bank, which they ask to have corrected, and also that they are entitled to recover damages for slander, injury to their credit, and the wrongful protesting of checks they issued. No objection was made as to misjoinder, and at August term, 1909,...