Robertson v. . Dunn
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1882, of Halifax Superior Court, before Bennett, J. The following facts were agreed upon : 1. On the 10th day of December, 1862, one David C= Camp covenanted under his hand and seal to pay Ann Camp, the intestate of the plaintiff, the sum, of seven hundred and ninety-five dollars with interest from date in manner and form as follows: “ With interest from date I promise to pay Mrs. Ann Camp, or order, the sum of seven hundred and ninety-five…
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Civil Action tried at Spring Term, 1882, of Halifax Superior Court, before Bennett, J. The following facts were agreed upon : 1. On the 10th day of December, 1862, one David C= Camp covenanted under his hand and seal to pay Ann Camp, the intestate of the plaintiff, the sum, of seven hundred and ninety-five dollars with interest from date in manner and form as follows: “ With interest from date I promise to pay Mrs. Ann Camp, or order, the sum of seven hundred and ninety-five dollarsforvaluereceived,this December 10th, 1862.” (Signed and sealed by D. C. Camp.) And the same is credited with…
1Opinion of the CourtAshe, J.
There are only two questions presented by the record. First, has the plaintiff a right of action against the defendant; and secondly, is his right of action barred by the statute of limitations ?
The note in suit was never indorsed. The defendant’s intestate was the holder, and the plaintiff’s intestate had the legal title. The defendant’s intestate unquestionably had the right to bring the action upon the note as holder and recover judgment thereon, for when the holder produces the note sued on, and offers it in evidence, it raises a presumption of fact that he is the owner, and unless…
2Cases cited2 opinions
- Jackson v. . LoveSupreme Court of North Carolina · 1880
- Pugh v. . GrantSupreme Court of North Carolina · 1882
3Cited by27 opinions
- Teachey v. . GurleySupreme Court of North Carolina · 1938
- O'Connell v. Chicago Park DistrictIllinois Supreme Court · 1941
- Board of Education v. Town of HendersonSupreme Court of North Carolina · 1900
- Prentzas v. PrentzasSupreme Court of North Carolina · 1963
- Holly v. . HollySupreme Court of North Carolina · 1886
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