American National Bank v. Hill
Supreme Court of North Carolina
Apeeal by defendant from Rountree, Jat March Term, 1915, of ANSON. Civil action, tried upon these issues: 1. Is the plaintiff the owner and holds in due course the notes described in the complaint? Answer: “Yes.” 2. What amount, if any, is the plaintiff entitled to recover of the defendant? Answer: “$935, with interest from 12 October, 1914.” The defendant introduced no evidence. His Honor instructed the jury.
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Apeeal by defendant from Rountree, Jat March Term, 1915, of ANSON. Civil action, tried upon these issues: 1. Is the plaintiff the owner and holds in due course the notes described in the complaint? Answer: “Yes.” 2. What amount, if any, is the plaintiff entitled to recover of the defendant? Answer: “$935, with interest from 12 October, 1914.” The defendant introduced no evidence. His Honor instructed the jury. There was no exception to the evidence or the charge of the court. In apt time the plaintiff moved to strike out the “further evidence” set up by the defendant in his answer. The motion…
1Opinion of the CourtBkown, J.
This is an action to recover upon a promissory note executed by the defendant to the Southern Savings Bank of Wadesboro, N. C., and duly indorsed to the plaintiff before maturity. The execution of the note and its nonpayment are admitted. The findings of the jury under the charge of the court, to which no exception is taken, establish the fact that the plaintiff is the owner and holder in due course of the said note.
Striking out the answer, or other pleading, or a part of it, is an unusual practice in this State, but is recognized as proper practice elsewhere. “It is often necessary,” says 5…
2Cases cited1 opinion
- Smith v. . McGregorSupreme Court of North Carolina · 1887
3Cited by9 opinions
- Jenkins v. FieldsSupreme Court of North Carolina · 1954
- Farmers & Merchants Savings Bank v. JonesSupreme Court of Iowa · 1923
- Dunn v. DunnSupreme Court of North Carolina · 1955
- Perkins v. PerkinsSupreme Court of North Carolina · 1958
- Standard Inv. Co. v. Town of Snow Hill, N. C.Court of Appeals for the Fourth Circuit · 1935
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