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eBook details

• Title: Mcauley v. Morris Plan Bank of Virginia
• Author : Virginia Supreme Court
• Release Date : January 15, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

The plaintiff, Essie McAuley, agreed to buy an automobile from D. Major -- supposed to be an automobile salesman -- for $1,675. She gave Major a check for $150, drawn by her husband on State-Planters Bank and Trust Company, as an earnest of the purchase price. Major opened an account with the Richmond Trust Company by depositing the check with that bank. On the same date, which was Friday, November 18th, her husband went to the Morris Plan Bank of Virginia, the defendant, to draw $1,250 which she had there on deposit. He received from the defendant, the Morris Plan Bank, its check drawn upon the Virginia Trust Company for $1,250, payable to the order of the plaintiff. On the next day, Saturday, November 19th, the plaintiff, her husband, Major and a Mr. Darden, an automobile dealer, met at McAuleys office, and it was understood that Darden was to secure the proper title papers to the car for the plaintiff. At that time Major had with him a New York certificate of title, but did not have a Virginia certificate. The plaintiff then endorsed the $1,250 check of the defendant on the Virginia Trust Company in blank, delivered it to Darden, who in turn was to deliver it to Major when he had obtained the Virginia certificate of title. Later, on the same day, Darden brought to the plaintiff a Virginia certificate showing Majors title to the car, on the back of which was an assignment by Major to the plaintiff, duly executed and acknowledged. Then Darden delivered the $1,250 check to Major, who on the same day endorsed it in blank and deposited it in the Richmond Trust Company.

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