Applegarth v. Tillery
Supreme Court of North Carolina
This was a civil ACTION, tried at the February Term, 1890, of Halifax Superior Court, before Boyltin, J. The following is a copy of the case .stated on appeal: The plaintiff alleged that defendant executed the note sued on, and that the same was transferred to him for value and before maturity.
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This was a civil ACTION, tried at the February Term, 1890, of Halifax Superior Court, before Boyltin, J. The following is a copy of the case .stated on appeal: The plaintiff alleged that defendant executed the note sued on, and that the same was transferred to him for value and before maturity. The defendant admitted the note, but says that its execution was obtained by fraudulent representations of the payees, in that the payees, in consideration of the note, promised to give defendant the formula for making lubricating oil, and refused so to do; and defendant averred that they never had any…
1Opinion of the CourtMeerimoN, C. J.
after stating the facts: The note sued upon was negotiable, and the title to it passed to the holder thereof by endorsement. The execution of it, and the endorsement thereof, were not questioned. The presumption was that it and the endorsement were founded upon a ■valuable consideration. The possession, and production of it in evidence on the trial, implied that the plaintiff acquired it in the course of business, in good faith, and for full Value, before it became due, and without notice of any fact impeaching its validity in his hands. The plaintiff certainly produced evidence to prove his…
2Cases cited1 opinion
- Meadows v. . CozartSupreme Court of North Carolina · 1877
3Cited by2 opinions
- Bank of Sampson v. HatcherSupreme Court of North Carolina · 1909
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1891