Jenkins v. . Wilkinson
Supreme Court of North Carolina
This was an action brought for the foreclosure of a mortgage given to plaintiff as collateral security by the defendant M. A. Wilkinson, before Armfield, J., at Spring Term, 1893, of LincolN Superior Court. The record, shows that this action was brought on the 20th day of June, 1891. It was in evidence that on the 5th day of January, 1888, the defendant L. A. H. Wilkinson executed a note to the plaintiff in the sum of $800, bearing interest after maturity, and tbatM.
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This was an action brought for the foreclosure of a mortgage given to plaintiff as collateral security by the defendant M. A. Wilkinson, before Armfield, J., at Spring Term, 1893, of LincolN Superior Court. The record, shows that this action was brought on the 20th day of June, 1891. It was in evidence that on the 5th day of January, 1888, the defendant L. A. H. Wilkinson executed a note to the plaintiff in the sum of $800, bearing interest after maturity, and tbatM. A. Wilkinson endorsed the said note and became surety therefor. It was in evidence that at the time the $800 note was executed,…
1Opinion of the Court
McRae, J.:
The first exception is to evidence offered by plaintiff to prove that the $900 note and mortgage were delivered to plaintiff as collateral security for the other note. We suppose that the ground of the objection by defendants was a contention on their part that the note and mortgage could not be transferred by delivery and without writing.
A note may be transferred by delivery and without endorsement. The Code, § 177. Such transfer-does not pass the legal title according to the law merchant, but the transferee is the equitable assignee thereof. Miller v. Tharel, 75 N. C., 148;…
2Cases cited4 opinions
- Jackson v. . LoveSupreme Court of North Carolina · 1880
- Kiff v. . WeaverSupreme Court of North Carolina · 1886
- Miller v. . TharelSupreme Court of North Carolina · 1876
- Carpenter v. . TuckerSupreme Court of North Carolina · 1887
3Cited by12 opinions
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Taylor v. . HuntSupreme Court of North Carolina · 1896
- Bresee v. . CrumptonSupreme Court of North Carolina · 1897
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