Myers v. . Beeman
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pitt County, at the Fall Term, 1848, his Honor Judge Dick presiding. This was an action of assumpsit upon a promissory note. The pleas — general issue, statute of limitations, and specially that on the 15th of April, 1846, the defendants were garnisheed at the instance of one Pitt, and former judgment since the last continuance.
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Appeal from the Superior Court of Law of Pitt County, at the Fall Term, 1848, his Honor Judge Dick presiding. This was an action of assumpsit upon a promissory note. The pleas — general issue, statute of limitations, and specially that on the 15th of April, 1846, the defendants were garnisheed at the instance of one Pitt, and former judgment since the last continuance. The note, sued on, was dated New Yorlt, April 1st, 1846, and was payable to one Taylor, six months after date. The execution by the defendants as makers was admitted. The plaintiffs proved the endorsement by Taylor to Ingles,…
1Opinion of the CourtPearson, J.
We see no error in rejecting the declarations of Ingles. If made after his endorsement, they were clearly inadmissible. It does not appear by the case when they were made, and it was incumbent upon the defendants to show, that, they were made before the endorsement and to have that fact stated in the case, as a foundation for their exception.
The instruction, that if the note was endorsed by Taylor bona -fide before the defendants were garnisheed, the proceedings under the attachment of Pitt would not bar the recovery, is entirely correct. Taylor had the same right to transfer the note by…
2Cited by1 opinion
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