Harris v. . Burwell
Supreme Court of North Carolina
This was a money demand tried upon a case agreed before Watts, J. at Spring Term, 1871, of Granville Superior Court. The facts are that on the 4th September, 1866, the déféndants being partners in trade, executed in the partnership name of Burwell & Parham their promissory note for $1,213.51, payable on the 25th December following to P. R. Merryman. On the 1st December, 1866, the payee for value endorsed said note to one T. O. Hughes.
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This was a money demand tried upon a case agreed before Watts, J. at Spring Term, 1871, of Granville Superior Court. The facts are that on the 4th September, 1866, the déféndants being partners in trade, executed in the partnership name of Burwell & Parham their promissory note for $1,213.51, payable on the 25th December following to P. R. Merryman. On the 1st December, 1866, the payee for value endorsed said note to one T. O. Hughes. At the time of said endorsement-the defendants had paid Merryman $329 ; also $83.50 to be credited on said note as of the date of its maturity. On the 20th of…
1Opinion of the Court
Pearson, O. J.
The case presents the question, whether a note assigned after maturity, is subject in tlie hands of the assignee to any set-off or other defence existing at the time of the assignment, against the assignor.
In Neal v. Lea, 64 N. C., 678, it is held, that by the proper construction of C. C. P., sec. 101, no collateral demand against the assignor can be set up against the assignee, and “ that to make it available, the demand must have attached itself to the note in the hands of the assignor; for instance, a payment made to him not entered on the note, or a claim, which the assignor…
2Cases cited1 opinion
- Neal v. . LeaSupreme Court of North Carolina · 1870
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