Legal Opinion

American National Bank v. Northcutt

Supreme Court of North Carolina

Decided May 12, 1915PublishedCited by 5 opinions

Appeal by defendants from Rountree, J., at March Term, 1915, of ANSON. Civil action, tried upon these issues; 1. Is the plaintiff the owner and holder in due course of the notes described in the complaint? Answer: “Yes.” 2, What amount, if any, is the plaintiff entitled to recover of the defendants? Answer: “$2,000, with interest on $1,000 from 1 October, 1914, and interest on $1,000 from 1 November, 1914. When the ease came on for' trial, the plaintiff moved to strike out…

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Appeal by defendants from Rountree, J., at March Term, 1915, of ANSON. Civil action, tried upon these issues; 1. Is the plaintiff the owner and holder in due course of the notes described in the complaint? Answer: “Yes.” 2, What amount, if any, is the plaintiff entitled to recover of the defendants? Answer: “$2,000, with interest on $1,000 from 1 October, 1914, and interest on $1,000 from 1 November, 1914. When the ease came on for' trial, the plaintiff moved to strike out the “further defense” set up by defendants in the answer. The motion was allowed. Defendants excepted and appealed.…

1Opinion of the CourtBkowN, J.

This action is brought to recover on two promissory notes of $1,000 each, payable to tbe Southern Savings Bank of Wadesboro, N. C., and indorsed by that bank to plaintiff. Tbe execution and in-dorsement of tbe notes by defendants are admitted.

There are no exceptions to tbe evidence or to tbe charge; therefore, tbe findings of tbe jury stand unchallenged. These entitle tbe plaintiff tbe judgment, unless tbe defendants have pleaded a Valid set-off or counterclaim in their answer, which has been disregarded by tbe court.

This case is very similar to that of the American National Bank v. Hill,…

2Cases cited3 opinions

  1. Smith v. . McGregorSupreme Court of North Carolina · 1887
  2. Bernard v. MullotCalifornia Supreme Court · 1851
  3. Stockton v. GravesIndiana Supreme Court · 1858

3Cited by5 opinions

  1. Ray v. French Broad Electric Membership Corp.Supreme Court of North Carolina · 1960
  2. Perkins v. PerkinsSupreme Court of North Carolina · 1958
  3. Davenport v. . VaughnSupreme Court of North Carolina · 1927
  4. Barber v. . EdwardsSupreme Court of North Carolina · 1940
  5. Michael Flynn Manufacturing Co. v. J. L. Coe Construction Co.Supreme Court of North Carolina · 1963

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