Mayers v. McRimmon.
Supreme Court of North Carolina
ActxoN by Albert W. Mayers against N. J. McRimmon and others, beard on appeal from a justice of the peace, by Judge Fred Moore and a jury, at the September Term, 1905, of the Superior Court of Robesoh. The plaintiff declared on two drafts payable to the order of the Continental Jewelry Company, and accepted by the defendants, each in the sum of $16, bearing date April 19, 1904, and payable respectively ten and twelve months after date.
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ActxoN by Albert W. Mayers against N. J. McRimmon and others, beard on appeal from a justice of the peace, by Judge Fred Moore and a jury, at the September Term, 1905, of the Superior Court of Robesoh. The plaintiff declared on two drafts payable to the order of the Continental Jewelry Company, and accepted by the defendants, each in the sum of $16, bearing date April 19, 1904, and payable respectively ten and twelve months after date. The defendants admitting the acceptances, answered and alleged that they were obtained by false and fraudulent representation on the part of the Continental…
1Opinion of the Court
Hoke, J.,
after stating the case: In Tyson v. Joyner, 139 N. C., 69, it is held “That in an action on á note it is error to hold that the mere introduction of the note, with the name of an endorsee written on the back, is evidence of its endorsement by such endorsee so as to vest the legal title in the plaintiff and cut off any defense against the endorsee, as the signa tures of the endorsers, whose endorsement is required to vest the legal title, must be proved.” The principle applies in any action on a negotiable instrument where an indorsement is required to vest the legal title so as to…
2Cases cited2 opinions
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
- Horner v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1897
3Cited by34 opinions
- In Re the Foreclosure of a Deed of TrustSupreme Court of North Carolina · 2013
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Brede Decorating, Inc. v. Jefferson Bank & Trust Co.Supreme Court of Missouri · 1961
- Park v. . ExumSupreme Court of North Carolina · 1911
- Ledford v. HubbardCourt of Appeals of Kentucky (pre-1976) · 1926
29 more not listed; retrieve them via the Exa API.