Wachovia Bank & Trust Co. v. Crafton
Supreme Court of North Carolina
Appeal by plaintiff from Long, J., at December Term, 1920, of BUNCOMBE. Tbe action is brought by an endorsee and bolder in due course of a promissory note given by one J. M. Carver to J. W. Crafton, defendant, for money won by tbe defendant in a game of cards and endorsed by tbe defendant, tbe payee of tbe note, in due course and for value to plaintiff bank.
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Appeal by plaintiff from Long, J., at December Term, 1920, of BUNCOMBE. Tbe action is brought by an endorsee and bolder in due course of a promissory note given by one J. M. Carver to J. W. Crafton, defendant, for money won by tbe defendant in a game of cards and endorsed by tbe defendant, tbe payee of tbe note, in due course and for value to plaintiff bank. There was denial of liability, tbe defendant, tbe endorser, alleging tbat tbe note in question was for an amount won in a gambling transaction. Tbe jury rendered tbe following verdict: “1. Did tbe defendant Crafton endorse tbe note…
1Opinion of the CourtHoke, J.
Our statutes applicable to tbe note in question, C. S., 2142, renders tbis and all notes and contracts in like case void, and it is urged in support of bis Honor’s ruling tbat, tbis being true, no action tbereon can be sustained. Tbe position as stated is undoubtedly tbe law in tbis jurisdiction, and is in accord with well considered authorities elsewhere. Glenn v. Farmers Bank, 70 N. C., 191; Calvert v. Williams, 64 N. C., 168; Sabine v. Paine, 223 N. Y., 401, reported also in 5 A. L. R., 1444. Tbis principle, however, is allowed to prevail only where tbe action is on tbe note to enforce its…
2Cases cited10 opinions
- Sabine v. . PaineNew York Court of Appeals · 1918
- Bell v. LongworthIndiana Supreme Court · 1855
- Glenn v. Farmer's Bank of North CarolinaSupreme Court of North Carolina · 1874
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1834
- Hannum v. RichardsonSupreme Court of Vermont · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kindler v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933
- Planters Bank & Trust Co. v. FeltonSupreme Court of North Carolina · 1924
- Farmers' & Merchants' Sav. Bank v. HudsonUtah Supreme Court · 1923
- Wolf Mountain Lumber Co. v. BuchananSupreme Court of North Carolina · 1926
- McD. Ray v. LivingstonSupreme Court of North Carolina · 1933
6 more not listed; retrieve them via the Exa API.