PEOPLE’S BANK OF NEW YORK v. CITIZENS’ NATIONAL BANK OF RALEIGH, et al.

Banks— Collections — Restricted Endorsements.

[Por Syllabus see National Citizens'1 Bank of New York v. Citizens' National Bank of Raleigh, ante.]

Civil ACTION, tried before Starbuck, J., at January Term, 1896, of New Hanovee Superior Court. The facts áppear in the opinion. From a judgment for. the plaintiff the defendants appealed.

Mr. Iredell Meares, for plaintiff.

Messrs. Battle c& Mordecai, for defendants (appellants).

MoNtgomeey, J.:

Upon examination of the record in this case we find that the only difference between it and that of the National Citizens’ Bank of New York v. Citizens’ National Bank of Raleigh, reported at this Term, is that in the latter the check for the proceeds of which the action was brought was drawn on a bank in Raleigh other than the defendant bank, while in this action the check was drawn on the defendant bank itself. For the reasons stated in National Citizens’ Bank of New York v. Citizens’ National Bank of Raleigh, supra, ive are of the opinion that in the rendering of the judgment by his Honor in favor of the plaintiff in this action, there is no error.

No Error.