Commercial Bank v. Burgwyn
Supreme Court of North Carolina
Civil actios, tried at Spring Term, 1891, of Vance Superior Court, Whitaker, J., presiding. On the 14th day of June, 1888, the defendants executed the several negotiable notes sued on, due one year afterdate, to Ruffin, Hairston, and Ballou, who, in July following, endorsed them to the Southern Electric Light, Power and Construction Companj'-, a Virginia corporation, of which one John F. Rison was president, and he was also at the same time one of the directors and discount…
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Civil actios, tried at Spring Term, 1891, of Vance Superior Court, Whitaker, J., presiding. On the 14th day of June, 1888, the defendants executed the several negotiable notes sued on, due one year afterdate, to Ruffin, Hairston, and Ballou, who, in July following, endorsed them to the Southern Electric Light, Power and Construction Companj'-, a Virginia corporation, of which one John F. Rison was president, and he was also at the same time one of the directors and discount committee of the plaintiff bank. In September, 1888, the Southern Electric Light, Power and Construction Company…
1Opinion of the Court
Shepherd, J.:
The defendants having pleaded that the notes sued on were obtained by the fraudulent representations of the payees, and testimony having been introduced in support of such plea, his Honor was correct in holding that the prima facie case of the plaintiff endorsee was so far rebutted as to shift the burden of proof and to make it necessary for it to show that it was a bona fide purchaser for value and without notice. Bank v. Burgwyn, 108 N. C., 62; Pugh v. Grant, 86 N. C., 39. When, however, the plaintiff responded by showing that it acquired the notes bona fide for value, in the…
2Cases cited13 opinions
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Stevenson v. Bay CityMichigan Supreme Court · 1872
- Wickersham v. Chicago Zinc Co.Supreme Court of Kansas · 1877
- March v. . VerbleSupreme Court of North Carolina · 1878
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3Cited by42 opinions
- CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
- Gardner v. North State Mutual Life InsuranceSupreme Court of North Carolina · 1913
- American National Bank v. FountainSupreme Court of North Carolina · 1908
- Knobelock v. Germania Savings BankSupreme Court of South Carolina · 1897
- McKenney v. EllsworthCalifornia Supreme Court · 1913
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