First National Bank of New Windsor v. Bynum
Supreme Court of North Carolina
Controversy submitted without action, under section SI5 of the Code, and heard at March Special Term, 1880, of WilsoN Superior Court, before' Avery, J. ' The facts agreed upon areas follows: On the 5th of July, 1878, the defendants made and delivered to the Taylor Manufacturing Company of Westminster an instrument of writing of wdiich the following is a copy: On September the 1st, 1879, we jointly and severally promise to pay to the order of the Taylor Manufacturing Company…
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Controversy submitted without action, under section SI5 of the Code, and heard at March Special Term, 1880, of WilsoN Superior Court, before' Avery, J. ' The facts agreed upon areas follows: On the 5th of July, 1878, the defendants made and delivered to the Taylor Manufacturing Company of Westminster an instrument of writing of wdiich the following is a copy: On September the 1st, 1879, we jointly and severally promise to pay to the order of the Taylor Manufacturing Company two hundred and fifty dollars, payable at the First National Rank of Wilson, N. C., for value received, with exchange on…
1Opinion of the CourtAshe, J.
The only question presented by the appeal is whether the indebtedness to the defendants can avail them as a set-off, counterclaim, or defence against the demand of plaintiff, and that depends upon the character of the writing declared on — whether it is negotiable or not?
The essential element of a negotiable promissory note, is., that it should be certain. Certainty, first, as to the payee; secondly, as to the maker; thirdly, as to the amount to be paid; fourthly, as to the time when the payment is to be made; and fifthly as to the fact itself of the payment. 1 Parsons on Bills and Notes, 30.…
2Cases cited4 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- Harris v. . BurwellSupreme Court of North Carolina · 1871
- Brooks v. HargreavesMichigan Supreme Court · 1870
- Dalzell v. Crawford, Pennsylvania Court of Common Pleas, Philadelphia County1842
3Cited by37 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Page v. FordOregon Supreme Court · 1913
- Des Moines Savings Bank v. ArthurSupreme Court of Iowa · 1913
- Carroll County Savings Bank v. StrotherSupreme Court of South Carolina · 1888
- Maryland Fertilizing & Manufacturing Co. v. NewmanCourt of Appeals of Maryland · 1883
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