Washington Horse Exchange Co. v. Bonner
Supreme Court of North Carolina
Appeal by defendant from Granmer, J., at tbe Spring Term, 1920, of Beaueokt. This is an action on a note against the defendant Bonner, an indorser. Tbe defendant admitted tbe execution of tbe note and tbe indorsement tbereon, but denied tbat notice of dishonor of tbe note was given to bim, and therefore insisted tbat be was released from liability. Tbe plaintiff contended tbat notice was given to tbe defendant, and, if not, tbat it has been waived.
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Appeal by defendant from Granmer, J., at tbe Spring Term, 1920, of Beaueokt. This is an action on a note against the defendant Bonner, an indorser. Tbe defendant admitted tbe execution of tbe note and tbe indorsement tbereon, but denied tbat notice of dishonor of tbe note was given to bim, and therefore insisted tbat be was released from liability. Tbe plaintiff contended tbat notice was given to tbe defendant, and, if not, tbat it has been waived. Tbe plaintiff also alleged tbat at tbe time of tbe indorsement of the note tbe defendant agreed to collect tbe same, which was denied by tbe…
1Opinion of the CourtAlleN, J.
It is conceded, that the charge excepted to does not state the law correctly, and that the burden was on the plaintiff to prove notice of dishonor, or that the notice had been waived (Perry v. Taylor, 148 N. C., 362), but the plaintiff insists that the error was caused by the conduct of the defendant, in that he had substantially requested the court to so charge, and that, therefore, the defendant cannot take advantage of the error.
It is true that a party cannot except to an instruction given at his request (Kelly v. Traction Co., 132 N. C., 374), but an examination of the instruction given…
2Cases cited1 opinion
- J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
3Cited by6 opinions
- Golden v. National Life & Accident InsuranceSupreme Court of Georgia · 1939
- Sumner v. . SumnerSupreme Court of North Carolina · 1947
- Rasberry v. . WestSupreme Court of North Carolina · 1933
- Davis v. . RoyallSupreme Court of North Carolina · 1933
- Williams v. . Automobile Co.Supreme Court of North Carolina · 1934
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