Bradford v. . Williams
Supreme Court of North Carolina
Civil Action tried at Special July Term, 1884, of Pas-quotank Superior Court, before Shepherd, J. The plaintiff oh January 28th, 1878, placed in the hands of William Martin, an attorney, and. the testator of the defendant, Elizabeth Martin, for collection a note under seal in the following form ; On or by the first day of January, 1877,1 promise to pay Isaac W. Morrisett, or bearer, eleven hundred and sixty dollars, a part of purchase money for real estate whereon Isaac W.…
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Civil Action tried at Special July Term, 1884, of Pas-quotank Superior Court, before Shepherd, J. The plaintiff oh January 28th, 1878, placed in the hands of William Martin, an attorney, and. the testator of the defendant, Elizabeth Martin, for collection a note under seal in the following form ; On or by the first day of January, 1877,1 promise to pay Isaac W. Morrisett, or bearer, eleven hundred and sixty dollars, a part of purchase money for real estate whereon Isaac W. Morrisett resides. Witness my hand and seal, this October 6th, 1874. W. A. Moody, [seal.] Witness: Thos. Palmer. The note…
1Opinion of the Court
Smith, C. J.,
after stating the above. There is no error in the ruling and it inust be sustained.
The delivery of the note, with the endorsement of the payee in blank — if indeed the same result does not follow without it, it being payable to the “bearer,” with no mark upon the instrument to indicate any interest or property in the plaintiff or other person — to Martin, although for the unexpressed purpose of collection was in law an assignment of the title thereto and conveyed a general authority to dispose of it as his own.
The act involves in substance a declaration to all who have no notice…
2Cases cited3 opinions
- Moye v. . CogdellSupreme Court of North Carolina · 1873
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