Spence v. . Tapscott
Supreme Court of North Carolina
Bond — Negotiable Instrument — Endorsement. This was a civil ACTION tried on appeal from a Justice of the Peace, before Shepherd, Judge, and a jury, at Spring Term, 1885, of Alamance Superior Court.
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Bond — Negotiable Instrument — Endorsement. This was a civil ACTION tried on appeal from a Justice of the Peace, before Shepherd, Judge, and a jury, at Spring Term, 1885, of Alamance Superior Court. The action was brought by the plaintiffs as holders of the following instruments, three in number: “GREENSBORO, N. C., Aug. 24th, 1882. Twelve months after date I promise to pay to W. H. McDaniel & Co., or bearer, fifty dollars, value received, payable at Bank of Greensboro, at eight per cent, interest until paid. (Signed) J. M. Tapscott, [seal].” The other two are like this in every particular,…
1Opinion of the CourtAsi-ie, J.
(after stating the facts). The only question presented by the record is, whether these notes with seals, payable to McDaniel & Co., or bearer, are negotiable and transferable by delivery merely, and without endorsement by McDaniel & Co., and are within the meaning of §177 of The Code, as negotiable promissory notes.
The contention of the plaintiffs is, that the notes are negotiable by delivery merely, and that the plaintiffs acquired the legal, as well as the equitable titles, by the delivery of them by the obligee.
The contention of the defendant is, that the notes being under seal, were…
2Cases cited2 opinions
- Harris v. . BurwellSupreme Court of North Carolina · 1871
- Havens v. . PottsSupreme Court of North Carolina · 1882
3Cited by5 opinions
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
- Johnson v. . LassiterSupreme Court of North Carolina · 1911
- William Iselin & Co. v. SaundersSupreme Court of North Carolina · 1950
- Loan Association v. . MerrittSupreme Court of North Carolina · 1893
- Christian v. . ParrottSupreme Court of North Carolina · 1894