Myers v. Petty
Supreme Court of North Carolina
Appeal from O. H. Allen, J., at tbe July Term, 1910, of Lee. Tbe plaintiff sued upon tbe following note: $1,000. SaNeoed, N. O., 8 July, 1907. 1 September, 1908, for value received, we jointly and severally promise to pay Baubard Bros., of Martinsville, Ind., or order, one thousand dollars, at tbe Bank of Sanford, Sanford, N. C., witb interest at 6 per cent per annum, interest payable annually, witb attorney’s fee and without any relief whatever from valuation of…
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Appeal from O. H. Allen, J., at tbe July Term, 1910, of Lee. Tbe plaintiff sued upon tbe following note: $1,000. SaNeoed, N. O., 8 July, 1907. 1 September, 1908, for value received, we jointly and severally promise to pay Baubard Bros., of Martinsville, Ind., or order, one thousand dollars, at tbe Bank of Sanford, Sanford, N. C., witb interest at 6 per cent per annum, interest payable annually, witb attorney’s fee and without any relief whatever from valuation of appraisement laws. (Signed) O. G-. Petty and 9 others. It was alleged that upon tbe note appeared a credit of $200, dated 8 July,…
1Opinion of the CourtManning, J.
It may be conceded that the evidence offered by the defendants w'as amply sufficient to warrant the jury in making an affirmative response to the first issue; but the note being negotiable, such a finding was not decisive of plaintiff’s right to recover. The note possessed all the statutory requirements of negotiability. Sec. 2151 et seq., Revisal. Sec. 2172, Re-visal, provides: “Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration, and every person whose signature appears thereon to have become a party thereto for value;” and sec. 2178, Revisal,…
2Cases cited7 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- American National Bank v. FountainSupreme Court of North Carolina · 1908
- Mayers v. McRimmon.Supreme Court of North Carolina · 1906
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
- Carrington & Co. v. WaffSupreme Court of North Carolina · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Park v. . ExumSupreme Court of North Carolina · 1911
- Bank v. SherronSupreme Court of North Carolina · 1923
- Bank v. . SherronSupreme Court of North Carolina · 1923
- Commercial Security Co. v. Main Street PharmacySupreme Court of North Carolina · 1917
- First National Bank v. Warsaw Drug Co.Supreme Court of North Carolina · 1914
1 more not listed; retrieve them via the Exa API.