Legal Opinion

National Bank v. Winslow

Supreme Court of North Carolina

Decided March 30, 1927PublishedCited by 25 opinions

1Opinion of the CourtBrogden, J.

Three questions of law arise upon the evidence:

1. In an action between the holder and the maker of a negotiable instrument, is parol evidence admissible to establish an agreement between the maker and the payee creating a particular mode of payment?

2. If so, does an endorsee taking such note, with actual knowledge of the agreement, hold it subject to the maker’s equities arising on said agreement ?

3. What is the effect of the words “without offset” contained in the note in controversy ?

The reason for excluding parol evidence, tending to establish a collateral agreement, as a part of a…

2Cases cited11 opinions

  1. Typewriter Co. v. . Hardware Co.Supreme Court of North Carolina · 1906
  2. Kerchner v. . McRaeSupreme Court of North Carolina · 1879
  3. Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
  4. General Electric Co. v. WilliamsSupreme Court of North Carolina · 1898
  5. Martin v. . Mask.Supreme Court of North Carolina · 1912

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3Cited by25 opinions

  1. North Carolina National Bank v. GillespieSupreme Court of North Carolina · 1976
  2. Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
  3. Jones v. . CasstevensSupreme Court of North Carolina · 1942
  4. BORDEN, INCORPORATED v. BrowerSupreme Court of North Carolina · 1973
  5. Kindler v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933

20 more not listed; retrieve them via the Exa API.

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