Shuler v. . Bryson
Supreme Court of North Carolina
This was a suit commenced before a Justice of the Peace and taken, by appeal, to the Superior Court of the County of Jackson, where it was tried at the Fall Term, 1871, before his Honor, Judge Cannon.
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This was a suit commenced before a Justice of the Peace and taken, by appeal, to the Superior Court of the County of Jackson, where it was tried at the Fall Term, 1871, before his Honor, Judge Cannon. Upon the trial it appeared that'the plaintiff’s claim was upon a promissory note made by the defendant on the 8th day of January, 1869, payable to William Nichols one day after date, and by him, endorsed to the plaintiff on the 1st day of April, 1869. At the time of the endorsement there were certain credits for payments on the note which were admitted by the plaintiff. The defendant admitted…
1Opinion of the Court
Pearson, O. J.
The note sued on was executed on the 8th of January, 1869, payable one day after date. It was endorsed to plaintiff on the 1st of April, 1869. Being overdue, the plaintiff took it, subject to all equities and liens that had attached to it in the hands of the assignor at the date of the assignment. But subject to this the title passed to the plaintiff, and the defendant from that time became his debtor, and no longer owed the payee anything.
It follows, that Bobert Henry, plaintiff in the attachment sued out afterwards, to-wit: on the 13th of April, 1869, acquired no hen on the…
2Cited by2 opinions
- McDowell, Pyle & Co. v. HopfieldCourt of Appeals of Maryland · 1925
- Rice v. . JonesSupreme Court of North Carolina · 1889