Legal Opinion

Federal Reserve Bank of Richmond v. Whitford

Supreme Court of North Carolina

Decided October 31, 1934PublishedCited by 4 opinions

1Opinion of the CourtSchenck, J.

We are of the opinion that his Honor was correct in granting the motion of the defendants for judgment as of nonsuit.

While, under certain conditions, it may be true, as contended in the appellant’s brief, that the possession of a note creates a presumption of ownership, and thereby gives the holder thereof a prima facie right to maintain an action thereon, this presumption is not one of law but of fact, and may be rebutted either by the plaintiff’s or the defendants’ evidence; and if this presumption be rebutted by the plaintiff’s own evidence, the fact of the plaintiff’s possession of the…

2Cases cited2 opinions

  1. Third National Bank of St. Louis v. ExumSupreme Court of North Carolina · 1913
  2. First National Bank of Columbus v. RochamoraSupreme Court of North Carolina · 1927

3Cited by4 opinions

  1. Booker v. EverhartSupreme Court of North Carolina · 1978
  2. Bennett v. BottomsCourt of Appeals of Georgia · 1941
  3. Morton v. ThorntonSupreme Court of North Carolina · 1962
  4. Gabbidon BuildersCourt of Appeals of North Carolina · 2024

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