Tredwell v. . Blount
Supreme Court of North Carolina
Civil Action, tried at Spring Term, 1881, of Beaufort Superior Court, before Gilmer, J. The plaintiffs (Tredwell & Mallory, partners in trade,) declared as endorsees of a promissory note which is as follows : “On the first day of November, 1879, I promise to pay to the order of J. Rosenthal, the sum of two hundred and twenty-eight xVo- for value received.”
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Civil Action, tried at Spring Term, 1881, of Beaufort Superior Court, before Gilmer, J. The plaintiffs (Tredwell & Mallory, partners in trade,) declared as endorsees of a promissory note which is as follows : “On the first day of November, 1879, I promise to pay to the order of J. Rosenthal, the sum of two hundred and twenty-eight xVo- for value received.” (Dated January 20th, 1879, at Washington, N. C., and signed by Thomas H. Blount.) They allege in their complaint that Rosenthal, the payee of the note, on the 21st day of January, 1879, assigned the same to them for value, and that no part…
1Opinion of the CourtAshe, J.
There is no error in the ruling. The evidence of the letter offered by the plaintiffs and objected to by the defendant, was totally immaterial, for as the court held, the law presumed every fact, for the proof of which, the letter was offered in evidence.
The note was a negotiable paper, and there is a prima facie presumption of law in favor of every holder of a negotiable paper, to the extent, that he is the oiuner of it, that he took it for value and before dishonor, and in the regular course of business. Parsons on Notes and Bills, p. 255, and the references to cases cited in notes S. T.…
2Cited by10 opinions
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- Farthing v. . DarkSupreme Court of North Carolina · 1892
- Lewis v. . LongSupreme Court of North Carolina · 1889
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