Carpenter v. . Tucker
Supreme Court of North Carolina
Civil action, tried before Gilmer, Judge, at Pall Term, 1886, of ÁNSON Superior Court. This action was brought to recover the price which it was Alleged the intestate of the defendant had agreed to pay plaintiff for certain notes (given by one Preslar, a son-in-law of the intestate, for the purchase of-a tract of land) and which had been delivered, unindorsed to the intestate.
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Civil action, tried before Gilmer, Judge, at Pall Term, 1886, of ÁNSON Superior Court. This action was brought to recover the price which it was Alleged the intestate of the defendant had agreed to pay plaintiff for certain notes (given by one Preslar, a son-in-law of the intestate, for the purchase of-a tract of land) and which had been delivered, unindorsed to the intestate. The plaintiff alleged that at the time of the sale it was agreed that he should execute a deed to the land, for which the notes were given, to Preslar, and give it to the intestate, who expressed a purpose to provide…
1Opinion of the CourtMeukimoN, J.
On the trial the plaintiff offered in evidence certain notes, under seal, which it was alleged he had sold to the intestate of the defendant, and the latter objected to their admission “because they were not assigned or transferred or endorsed in writing by the plaintiff.” The Court admitted them, and this is assigned as error. It is true the legal title to the notes did not pass without endorsement, but it is just as true that the equitable title may have passed without it, and it was competent to show this fact. The-notes may have been introduced for the purpose of identifition or other…
2Cited by12 opinions
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- Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1910
- Skinner v. Gaither Corp.Supreme Court of North Carolina · 1951
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