Morrow v. . Allman
Supreme Court of North Carolina
Civil action for money demand, tried before Camion, J., at Spring Term, 1871, of Macon Superior Court. The plaintiff in his complaint alleged that the defendants executed their single bill to plaintiff for three hundred and sixty dollars, due and payable in gold coin-, February 1st, 1867, and that no part thereof had been paid except eighty dollars and fifty cents, wherefore he demanded judgment, &c.
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Civil action for money demand, tried before Camion, J., at Spring Term, 1871, of Macon Superior Court. The plaintiff in his complaint alleged that the defendants executed their single bill to plaintiff for three hundred and sixty dollars, due and payable in gold coin-, February 1st, 1867, and that no part thereof had been paid except eighty dollars and fifty cents, wherefore he demanded judgment, &c. The defendants in their answer admitted the execution of the single bill, and alleged there were divers other credits .against the said single bill, besides the one stated in the complaint. Upon…
1Opinion of the Court
¡Ee-ade, J.
The only question necessary to consider in this . ease'is, whether iin an action on a negotiable instrument, the -execution df which is not denied by the answer, it is necessary to produce the instrument on trial, or account for its loss ?
We think it is-necessary to produce and file the instrument, ¡in this case, a bond. If is the practice to do it, and there is ¡-much propriety in it. Being negotiable, how can it otherwise be known whether it has not been transferred ? Or if kept back it may be -subsequently transferred, and although such subsequent transfer -would not subject the…
2Cited by1 opinion
- Shields v. . WhitakerSupreme Court of North Carolina · 1880