Strong v. Spear
Superior Court of North Carolina
Debt, and non est factum pleaded: upon the trial the bond was produced, and it was endorsed with an assignment to a Mr. McKay — whereupon it was objected by the Defendant’s counsel, that the interest of this bond being in McKay, the present action by. the original obligee could not be supported ; such assignment by 1786, c. 4, Tests the whole property of the bond in the. assignee.
1Opinion of the Court
Per curiam,
this case is like that of Smith and Si. Lawrence lately decided at Hillsborough ; the bund being in the possession of the endorser, is evidence prima facie, that he has paid the endorsee for it. Endorsers frequently bring suit upon bills endorsed by them, when the en-dorsee is refused payment, or cannot obtain it and returns the bill, receiving pajment of the endorser himself. The case in Show. 164, of Dickens v. Harriott, is very similar to the present—there a bill was drawn upon a person in Dublin, the payee endorsed to Dickens, and he to another, who demanded payment, and…
2Cases cited1 opinion
- Benjamin v. BartlettSupreme Court of Missouri · 1831