Jackson v. . Love
Supreme Court of North Carolina
Civil Actioh tried at December Special Term, 1879, of Haywood Superior Court, before Graves, J. The plaintiff alleging himself to be the owner brings this action to recover the amount due on a note, as follows: One day after date we promise to pay W. W. Stringfield one thousand dollars, for value received.
Read the full summary
Civil Actioh tried at December Special Term, 1879, of Haywood Superior Court, before Graves, J. The plaintiff alleging himself to be the owner brings this action to recover the amount due on a note, as follows: One day after date we promise to pay W. W. Stringfield one thousand dollars, for value received. Witness our hands and seals this 29th Oct., 1872. (Signed) J. L. Love, [seal.] R. G. A. Love, [seal.] The defendants, admitting the execution, deny the plaintiff’s title to the note and the moneys due thereunder. On the trial of the issue made by the pleadings, the plaintiff being in…
1Opinion of the CourtSmith, C. J.
The only question presented in the record is this: Does the possession of an unendorsed negotiable note or bond raise a presumption that the person producing it is the real and rightful owner, and entitled to the moneys due from the defendants, the promisors ?
It is settled upon ample authority that the possession of a note endorsed in blank or payable to bearer is presumptive evidence of title in the holder, and the rule extends to a case where there are subsequent endorsements which he may strike out. Picruet v. Curtis, 1 Sumner, 478; Warren v. Gilmore, 15 Maine, 70; 1 Danl. Neg. Inst., §…
2Cases cited3 opinions
- Abrams v. . CuretonSupreme Court of North Carolina · 1876
- Garner v. CookIndiana Supreme Court · 1868
- Andrews v. . McDanielSupreme Court of North Carolina · 1873
3Cited by24 opinions
- Robertson v. . DunnSupreme Court of North Carolina · 1882
- R. G. Chapman & Co. v. McLawhornSupreme Court of North Carolina · 1909
- Holly v. . HollySupreme Court of North Carolina · 1886
- Bresee v. . CrumptonSupreme Court of North Carolina · 1897
- Jenkins v. . WilkinsonSupreme Court of North Carolina · 1893
19 more not listed; retrieve them via the Exa API.