Bresee v. . Crumpton
Supreme Court of North Carolina
Civil actioN tried before Allen, J., and a jury at Spring Term, 1897, of Person Superior Court, on defendant’s appeal from tlie judgment of a.Justice of the Peace. There ■was a verdict for the defendant and from the judgment, thereon plaintiff appealed.
1Opinion of the Court
Clark, J.:
The note- was endorsed to the plaintiff by the plaintiff’s cleric signing the payee’s name, and there was no evidence that such clerk had authority from the payee to make this endorsement. The bare fact that he had endorsed Parker’s name to other papers with his approval, taken alone, was not evidence to submit to the jury of authority to endorse this paper, for there was no general authority shown nor course of dealing from which it could be inferred. The plaintiff is therefore simply the holder of an unendorsed negotiable paper. As such, he has prima,, facie, the equitable title…
2Cases cited14 opinions
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Jackson v. . LoveSupreme Court of North Carolina · 1880
- Taylor v. CurryMassachusetts Supreme Judicial Court · 1871
- Kiff v. . WeaverSupreme Court of North Carolina · 1886
- Miller v. . TharelSupreme Court of North Carolina · 1876
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3Cited by12 opinions
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
- Shelling State Bank v. ClasenSupreme Court of Minnesota · 1916
- Iron City Savings Bank v. IsaacsenSupreme Court of Virginia · 1932
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Palmer v. . LowderSupreme Court of North Carolina · 1914
7 more not listed; retrieve them via the Exa API.