Barden v. . Hornthal
Supreme Court of North Carolina
Appeal from Peebles, J., January Term, 1909, of Washington. L. P. Hornthal, on petition duly filed, having received his discharge in bankruptcy, the action is further prosecuted against L. H. Hornthal, the other defendant. The note in question was given to plaintiff for $1,500, bearing date 27 February, 1899, payable on demand, signed by L. P. Hornthal as maker, and on the back thereof appears the name of defendant L. H. Hornthal.
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Appeal from Peebles, J., January Term, 1909, of Washington. L. P. Hornthal, on petition duly filed, having received his discharge in bankruptcy, the action is further prosecuted against L. H. Hornthal, the other defendant. The note in question was given to plaintiff for $1,500, bearing date 27 February, 1899, payable on demand, signed by L. P. Hornthal as maker, and on the back thereof appears the name of defendant L. H. Hornthal. In the pleading L. H. Hornthal admitted that the note was for money lent by plaintiff to L. P. Hornthal, the maker, and that before delivery of same, and as an…
1Opinion of the Court
Hoke, J.,
after stating the facts: Our statutes on negotiable instruments (Revisal 1905, sec. 2345) enact that the provisions of the law shall not apply to such instruments made and delivered prior to 8 March, 1899 ; and the note sued on having been executed on 27 February, 1899, the rights of the parties to this controversy are unaffected by the statute, and must be so considered and determined. Viewed in that aspect, our decisions are to the effect that when a third person writes his name on the back of a negotiable instrument before delivery to the payee, and with a view to give additional…
2Cases cited5 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Tredwell v. . BlountSupreme Court of North Carolina · 1882
- Baker v. . Robinson .Supreme Court of North Carolina · 1869
- Lilly v. . BakerSupreme Court of North Carolina · 1883
- Hoffman v. . MooreSupreme Court of North Carolina · 1880
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