Bank of Sampson v. Hatcher
Supreme Court of North Carolina
Appeal from W. B. Allen, J., May Term, 1909, of Sampson. Civil action, to recover tbe amount of a promissory note for $144. On tbe trial it appeared in evidence for plaintiff tbat on 16 May, 1907, tbe defendant executed tbe note in question for $144 to C. S. Lotbrop & Co., payable on 25 November, 1907, witb interest at six per cent., for value received, and on 22 May, 1907, tbe same was endorsed by said payees “without recourse” to tbe plaintiff bank at a discount of ten per…
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Appeal from W. B. Allen, J., May Term, 1909, of Sampson. Civil action, to recover tbe amount of a promissory note for $144. On tbe trial it appeared in evidence for plaintiff tbat on 16 May, 1907, tbe defendant executed tbe note in question for $144 to C. S. Lotbrop & Co., payable on 25 November, 1907, witb interest at six per cent., for value received, and on 22 May, 1907, tbe same was endorsed by said payees “without recourse” to tbe plaintiff bank at a discount of ten per cent. In tbe justice’s court tbe defendant filed a written answer, admitting tbe execution of tbe note and its…
1Opinion of the Court
Hoke, J.,
after stating tbe case: There was no evidence tending to establish any breach of contract ,at tbe time plaintiff became endorsee for value of tbe note sued on, tbe testimony showing tbat tbe locks were not ordered by defendant until June or July following, and tbe defects complained of were not disclosed until some time thereafter. Nor was there any testimony amounting to legal evidence to show tbat tbe plaintiff bank was interested with tbe payees in their transaction with defendants, otherwise than as endorsees of tbe notes, nor to show fraud on tbe part of tbe bank in connection…
2Cases cited9 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
- Siegel, Cooper & Co. v. Chicago Trust & Savings BankIllinois Supreme Court · 1890
- First National Bank v. MichaelSupreme Court of North Carolina · 1887
- Bank of Commerce v. Barrett, Carter & Co.Supreme Court of Georgia · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Scandinavian American Bank v. JohnstonWashington Supreme Court · 1911
- Merchants National Bank v. BransonSupreme Court of North Carolina · 1914
- Critcher v. . BallardSupreme Court of North Carolina · 1920
- Walter v. . KilpatrickSupreme Court of North Carolina · 1926
11 more not listed; retrieve them via the Exa API.