Ballinger v. . Cureton
Supreme Court of North Carolina
Parties — Presumption— Possession — Administration—Burden of Proof. This was a civil ACTION, tried at the Spring Term, 1889, of the Superior Court of Polk County, before Clark, J. The action was brought by William Ballinger, the intestate of the plaintiff, T. T. Ballinger, to recover of the administrator of Govan Mills, one of the obligors, the amount due by virtue of the following note : “ $2,855. Twelve months after date we, or either of us, promise to pay William…
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Parties — Presumption— Possession — Administration—Burden of Proof. This was a civil ACTION, tried at the Spring Term, 1889, of the Superior Court of Polk County, before Clark, J. The action was brought by William Ballinger, the intestate of the plaintiff, T. T. Ballinger, to recover of the administrator of Govan Mills, one of the obligors, the amount due by virtue of the following note : “ $2,855. Twelve months after date we, or either of us, promise to pay William Ballinger, executor of Richard Bal-linger, or bearer, twenty-eight hundred and fifíy-five dollars, with interest from date, for…
1Opinion of the CourtAvery, J.
— after stating the facts: The administrator of William Ballinger is not entitled to recover unless his intes tate had a good cause of action when he sued out the original summons. William Ballinger held the note which, upon its face, was made payable to him as executor of Richard Ballinger. There is no presumption of law arising from possession that he held in his individual right rather than in his fiduciary capacity, when the express terms of the instrument show that he received it as executor, and neither the allegations of the complaint nor the evidence tends to prove that the legal or…
2Cases cited6 opinions
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- Robertson v. . DunnSupreme Court of North Carolina · 1882
- Holly v. . HollySupreme Court of North Carolina · 1886
- Rogers v. . GoochSupreme Court of North Carolina · 1882
- Alexander v. . WristonSupreme Court of North Carolina · 1879
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3Cited by7 opinions
- State v. . GregorySupreme Court of North Carolina · 1932
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- State v. . PollardSupreme Court of North Carolina · 1914
- State v. . MillerSupreme Court of North Carolina · 1893
- Home Real Estate, Loan & Insurance v. LockerSupreme Court of North Carolina · 1938
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