American National Bank v. Fountain
Supreme Court of North Carolina
ActioN tried before Neal, Jand a -jury, at November Term, 1907, of Nash. The action was to recover the balance due on a promissory note for the purchase price of an automobile, given by defendant to one B. A. Blenner, and by' said Blenner endorsed to plaintiff. The defendant resisted recovery on the ground that the note was procured by false and fraudulent representations on the part of Blenner, the vendor.
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ActioN tried before Neal, Jand a -jury, at November Term, 1907, of Nash. The action was to recover the balance due on a promissory note for the purchase price of an automobile, given by defendant to one B. A. Blenner, and by' said Blenner endorsed to plaintiff. The defendant resisted recovery on the ground that the note was procured by false and fraudulent representations on the part of Blenner, the vendor. The jury found that the note sued on was procured by misrepresentations and fraud on the part of Blenner, the vendor, and that the plaintiff was endorsee for value,, before maturity, and…
1Opinion of the CourtHoke, J.
Our statute on negotiable instruments (Bevisal, ch. 54, sec. 2201) defines a “holder in due course”' as one who takes a negotiable instrument that is (a) complete and regular on its face; (&) before it was overdue, and without notice that it had been previously dishonored (if it had been) ;. (c) in good faith, and for value; (d) and at the time it was negotiated to him he had no notice of any infirmity in the instrument or any defect in o the title of the person who negotiated it. And section 2208 of the same chapter provides-as follows: “That every holder is deemed prima facie to be a holder…
2Cases cited7 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Giberson v. JolleyIndiana Supreme Court · 1889
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
- State v. Hill.Supreme Court of North Carolina · 1906
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- Smathers v. Toxaway Hotel Co.Supreme Court of North Carolina · 1915
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