Farthing v. Dark
Supreme Court of North Carolina
Civil ACTION, originally commenced before a Justice of the Peace and carried by appeal to the Superior Court of the county of Chatham, and tried before Winston, J., at the Fall Term, 1891, of said Superior Court.
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Civil ACTION, originally commenced before a Justice of the Peace and carried by appeal to the Superior Court of the county of Chatham, and tried before Winston, J., at the Fall Term, 1891, of said Superior Court. The plaintiff sued on a promissory note, of which the following is a copy “$125.00. Durham:, N. C., Feb’y 18th, 1891. Six months after date I promise to pay to the order of W. B. Pallett & Co. one hundred and twenty-five dollars, negotiable and payable at Durham Fence Factory, or office of Wortham, Warren & Co. Planing Mills. Value received. J. H. Daric” Endorsed: W. B. Pallett & Go.…
1Opinion of the Court
Davis, J.:
It is insisted for the plaintiff that he purchased the note for value and without notice; that the note was negotiable, and there is a prima facie presumption of law in favor of every holder of a negotiable note to the extent that he is the owner of it, and that he took it for value, and before dishonor, in the regular course of business, and if there be fraud or illegality in the inception of it, the burden *298is upon the maker to show it. This proposition is supported by abundant authority, and'will not be controverted.' But the defendant says that there was evidence tending to rebut…
2Cases cited3 opinions
- Hulbert v. . DouglasSupreme Court of North Carolina · 1886
- State v. . RogersSupreme Court of North Carolina · 1885
- Long v. HallSupreme Court of North Carolina · 1887
3Cited by1 opinion
- J. L. Smathers & Co. v. Toxaway Hotel Co.Supreme Court of North Carolina · 1913