Brickhouse v. Brickhouse
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Tyrrell County, at the Fall Term 1850, hia Honor Judge Caldwell presiding-. The action is trover for three promissory notes, made by third persons, and payable to Joseph Brown, the intestate of the plaintiff*, and amounting, together, to the sum of @175. On the trial upon the general issue, the defendant set up title to the notes under a gift from Brown ; and he gave evidence, that, about the 1st of Nov. 1848 he, Brown, being about to…
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Appeal from the Superior Court of Law of Tyrrell County, at the Fall Term 1850, hia Honor Judge Caldwell presiding-. The action is trover for three promissory notes, made by third persons, and payable to Joseph Brown, the intestate of the plaintiff*, and amounting, together, to the sum of @175. On the trial upon the general issue, the defendant set up title to the notes under a gift from Brown ; and he gave evidence, that, about the 1st of Nov. 1848 he, Brown, being about to sail on a voyage to the West Indies, delivered the notes to the. defendant, (who was his uncle) saying to him, “If I…
1Opinion of the CourtRuffin, C. J.
The recent case of Fairly v. McLean, 11 Ire. 158 is an authority in point, that the right to property in the notes could be transferred only by endorsement and delivery, and that trover will lie for them by the adminstrator of the payee against a donee by oral gift, though accompanied by delivery. The doctrine is well settled. Bayley on bills 18, Story’s Prom, notes, S. 120. No point was made at the trial about a demand by the admin, istrator, so as to render the detention of the notes wrongful, and it must therefore be assumed, that the defendant refused to deliver them up and claimed to…
2Cited by3 opinions
- First National Bank v. JohnstonSupreme Court of North Carolina · 1913
- Smith v. Durham.Supreme Court of North Carolina · 1900
- Wagner v. AldersonWashington Supreme Court · 1916