Havens v. . Potts
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1881, of Beaufort Superior Court, before Gilmer, J. The plaintiff declares as the endorsee of the fol lowing bond : “On the first day of January, 1862, we or either of us promise to pay George A. Latham or order the sum of one hundred and fifty dollars for the hire of negro man John, and we further agree to furnish said negro with all the usual summer and winter clothing and to pay his town tax.
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Civil ActioN tried at Spring Term, 1881, of Beaufort Superior Court, before Gilmer, J. The plaintiff declares as the endorsee of the fol lowing bond : “On the first day of January, 1862, we or either of us promise to pay George A. Latham or order the sum of one hundred and fifty dollars for the hire of negro man John, and we further agree to furnish said negro with all the usual summer and winter clothing and to pay his town tax. (Signed and sealed the 4th day of January, 1861, by William A.. Potts and Joseph Potts.*’) The bond was indorsed, “Pay to the order of Mary W. Havens.” (Signed by…
1Opinion of the CourtRuffin, J.
We think the judgment clearly right. The bond sued on, not being for money only, is unnegotiable. Knight v. Railroad Company, 1 Jones, 357.
One who takes by assignment an unnegotiable instrument succeeds only to the rights of his assignor, and is affected by all the defences against him, which subsisted at the date of the assignment, or may have accrued before notice thereof to the maker. Moody v. Sitton, 2 Ired. Eq., 382; Bank v. Bynum, 84 N. C., 24, and C. C. P., §55.
The language of this section of the Code is so broad, says Chief Justice Pearson — evidently in great dissatisfaction with its…
2Cases cited2 opinions
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