Pugh v. . Grant
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1880, of NORTHAMPTON Superior Court, before Gudger, J. This’ action was begun in a justice’s court, and brought by the appeal of the plaintiff to the superior court. In both courts the pleadings were oral, and so- intricate as to- make it somewhat difficult to state them intelligently. The plaintiff declared as indorsee of two bonds executed by the defendant’s intestate to one John A. Vincent, and by him indorsed to the plaintiff.
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Civil ActioN tried at Spring Term, 1880, of NORTHAMPTON Superior Court, before Gudger, J. This’ action was begun in a justice’s court, and brought by the appeal of the plaintiff to the superior court. In both courts the pleadings were oral, and so- intricate as to- make it somewhat difficult to state them intelligently. The plaintiff declared as indorsee of two bonds executed by the defendant’s intestate to one John A. Vincent, and by him indorsed to the plaintiff. The bonds were both payable on demand — one being for $51.88-, dated the 5-th day of January, 1861, and indorsed the 15th day of…
1Opinion of the Court
Ruffin, J.,
after stating the case. If the first issue, and His Honor’s charge with reference to it, stood alone in the cause, we should unquestionably sustain the defendant's first exception.
As we intepret that portion of the charge, and as we think the jury must have understood it, its effect was to throw upon the plaintiff, suing as the endorsee of negotiable bonds, the burden of establishing affirmatively, not only the genuineness of their indorsement, but that he acquired them bona fide, and for a valuable consideration.
Conceding that, in the existing state of the pleadings, the burden of…
2Cases cited1 opinion
- Peebles v. . StanleySupreme Court of North Carolina · 1877
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