Davis v. . Morgan
Supreme Court of North Carolina
Civil action, tried before Buxton, .7., at Spring Term 1870, of Union Court. The plaintiff brought the action upon an endorsement on a note, made by the defendant in blank, and filled up as payable to the plaintiff, previously to the trial.
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Civil action, tried before Buxton, .7., at Spring Term 1870, of Union Court. The plaintiff brought the action upon an endorsement on a note, made by the defendant in blank, and filled up as payable to the plaintiff, previously to the trial. The defendant introduced parol evidence, going to show that when the plaintiff paid to the defendant the money due upon the note, he did so in behalf of its maker, to take it up for him, and not as a purchaser, and that the endorsement was understood by the parties not to bind the defendant for its payment. His Honor left it to the jury to find what the…
1Opinion of the CourtEea'de, J.
It was submitted to the jury, as a question of fact, whether the plaintiff paid off the note as the agent of the maker, and for him, or whether he purchased it for himself, and took the endorsement of the defendant as a transfer for value; and the jury found for the defendant. The question for our consideration is, whether that was a question for the jury, or, whether the legal effect of the endorsement was not to transfer the note, with the defendant’s liability, to the plaintiff.. Unexplained, the legal effect of the endorsement was to transfer the note, with the defendant’s liability, to…
2Cited by8 opinions
- Easterly v. . BarberNew York Court of Appeals · 1876
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Sykes v. . EverettSupreme Court of North Carolina · 1914
- Hill v. . ShieldsSupreme Court of North Carolina · 1879
- Adrian v. . McCaskillSupreme Court of North Carolina · 1889
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