Johnson v. . Lassiter
Supreme Court of North Carolina
Appeal from Lyon, J., at tbe October Term, 1910, of Gltil-EORD. On tbe 25tb of April, 1901, tbe plaintiff sold to tbe defendant W. B. Lassiter a tract of land for $2,000, and accepted in part payment two notes under seal. One of these notes was for $300, and executed 29 December, 1902, payable six months from date to S. H. Carter, and tbe other was for $200, and executed 17 August, 1903, payable on demand to said Carter. Tbe name of S. II.
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Appeal from Lyon, J., at tbe October Term, 1910, of Gltil-EORD. On tbe 25tb of April, 1901, tbe plaintiff sold to tbe defendant W. B. Lassiter a tract of land for $2,000, and accepted in part payment two notes under seal. One of these notes was for $300, and executed 29 December, 1902, payable six months from date to S. H. Carter, and tbe other was for $200, and executed 17 August, 1903, payable on demand to said Carter. Tbe name of S. II. Garter was written on the back of each of said notes on 25 August, 1906, and tbe ñamé of the defendant was written on tbe back of eacb of said notes on 25…
1Opinion of the Court
AlleN, J.,
after stating tbe case. Tbe paper-writings in controversy are non-negotiable under tbe Negotiable Instrument Law, because they are not payable “to tbe order of a specified person or to bearer.” (Revisal, sec. 2151.)
Tbis is tbe construction placed upon tbis section by Mr. Mor-decai in bis treatise on tbe Negotiable Instrument Law, and it is strengthened by reference to sections 2158, 2276 and 2334 of the Revisal. They were not made negotiable by endorsement under section 2159 of tbe Revisal, providing that an instrument is payable to bearer (5) “when tbe only or last endorsement is…
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