Hardy v. . Mitchell
Supreme Court of North Carolina
Appeal from Justice, Jat February Term, 1912, of Mitchell. Civil action brought to recover upon a note. These issues were submitted to the jury: First. Was the note given for a valuable consideration? Answer: No. Second. Was the note sued on procured by fraud and under circumstances against public policy, as set out in the answer? Answer: Yes. Third. Was the note sued on indorsed to plaintiffs in due course and before maturity? Answer: Yes.
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Appeal from Justice, Jat February Term, 1912, of Mitchell. Civil action brought to recover upon a note. These issues were submitted to the jury: First. Was the note given for a valuable consideration? Answer: No. Second. Was the note sued on procured by fraud and under circumstances against public policy, as set out in the answer? Answer: Yes. Third. Was the note sued on indorsed to plaintiffs in due course and before maturity? Answer: Yes. From the judgment rendered, the defendant appealed.
1Opinion of the Court
BROWN, J.’
This case was before this Court at a former term and is reported in 156 N. C., 76, which is referred to for a statement of the facts.
His Honor instructed the jury upon the third issue as follows :
“Was the note sued on indorsed to the plaintiffs in due course and before maturity? The burden of that issue is upon the plaintiffs to satisfy you by the weight of the evidence that they received the note in due course.
“In the case of a negotiable instrument, the law applies to it when you say ‘due course’ the following: That the holder in due course is the holder who has accepted the…
2Cases cited3 opinions
- American National Bank v. FountainSupreme Court of North Carolina · 1908
- LaRoque v. KennedySupreme Court of North Carolina · 1911
- Hardy v. . MitchellSupreme Court of North Carolina · 1911
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