Abernethy v. Yount.
Supreme Court of North Carolina
ActioN by A. S. Abernethy against D. E. Yount, beard by Judge T. A. McNeill and a jury, at tbe July Term, 1904, of tbe Superior Court of Catawba County.
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ActioN by A. S. Abernethy against D. E. Yount, beard by Judge T. A. McNeill and a jury, at tbe July Term, 1904, of tbe Superior Court of Catawba County. Tbe plaintiff brought suit in a justice’s court against tbe defendant for tbe recovery of a note for $53.20. Upon appeal tbe cause was tried in tbe Superior Court upon tbe following issue: “Did tbe defendant execute and deliver tbe alleged note set out by tbe plaintiff as tbe cause of action?” Tbe plaintiff testified that be bought tbe note from one A. S. Sattertbwaite, and before it fell due paid full value for it; that no payment bad been…
1Opinion of the Court
CLARK, C. J., and HOKE, J., dissent. The plaintiff brought suit in a justice's court against the defendant for the recovery of a note for $53.20. Upon appeal the cause was tried in the Superior Court upon the following issue: "Did the defendant execute and deliver the alleged note set out by the plaintiff as the cause of action?" The plaintiff testified that he bought the note from one A. S. Satterthwaite, and before it fell due paid full value for it; that no payment had been made thereon and that the defendant's name was signed to it; that he bought it without notice of any defense thereto.…
2Cases cited17 opinions
- State v. Wilcox.Supreme Court of North Carolina · 1903
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Bird v. Bradburn.Supreme Court of North Carolina · 1902
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- Redmond v. . SteppSupreme Court of North Carolina · 1888
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3Cited by14 opinions
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
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- Sitterson v. . SittersonSupreme Court of North Carolina · 1926
- Billings v. Charlotte ObserverSupreme Court of North Carolina · 1909
- Hyatt v. . McCoySupreme Court of North Carolina · 1927
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