Legal Opinion

Loftin v. Hill.

Supreme Court of North Carolina

Decided October 7, 1902PublishedCited by 3 opinions

ActioN by S. H. Loftin and others against E. E. Hill, heard by Judge E. W. Timberlake and a jury, at March Term, 1902, of the Superior Court of LbNotb County. From a judgment for the plaintiffs, the defendant appealed.

1Opinion of the CourtMontgomery, J.

The plaintiff is the assignee, before maturity, of a plain promissory, note for the amount of $100, payable to W. T1. Magee & Oo. The defendant, the maker, in his defence pleaded fraud in the treaty leading- up to the execution of the note, failure of consideration, equities arising out of a contemporaneous agreement between the maker and the payee, and that the plaintiff had, or ought to have had, notice of all these matters’; and ho further pleaded notice on the assignee’s part that the payees were doing a fraudulent business, and that he had knowledge of such facts, that his action in…

2Cases cited6 opinions

  1. Bunting v. RicksSupreme Court of North Carolina · 1838
  2. Hulbert v. . DouglasSupreme Court of North Carolina · 1886
  3. Farthing v. . DarkSupreme Court of North Carolina · 1892
  4. Doe on Dem. of Halford v. TetherowSupreme Court of North Carolina · 1855
  5. Winborne v. . LassiterSupreme Court of North Carolina · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Connelly v. Greenfield Savings BankSupreme Court of Iowa · 1921
  2. Kittredge v. GrannisNew York Court of Appeals · 1926
  3. Setzer v. Deal.Supreme Court of North Carolina · 1904

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