The Encyclopedic Digest of North Carolina Reports; Being a Complete Encyclopedia and Digest of All the North Carolina Case Law Up to and Including Volume 167, North Carolina Reports, and Volumes 1 to 83, Southeastern Reporter Volume 2

The Encyclopedic Digest of North Carolina Reports; Being a Complete Encyclopedia and Digest of All the North Carolina Case Law Up to and Including Volume 167, North Carolina Reports, and Volumes 1 to 83, Southeastern Reporter Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...the latter case the instrument itself is not sought to be invalidated, and the remedy is for damages by way of counterclaim arising under the warranty. Standing Stone Nat. Bank v. VValser, 162 N. C. 53, 77 S. E. 1006. 247.-Z Persons as to or against Whom Defenses Are Available. Person Not Bona Fide Holder.--The conditions on which a note was given may be shown by the maker as against one not a bona fide holder. Bresee 2. Crumpton, 121 N. C. 122, 28 S. E. 351. The absence of consideration for a negotiable instrument is a defense against any one not a holder in due course. Revisal, 2176. Hardy 11. Mitchell, 156 N. C. 76, 72 S. E. 95. Note Given to Defraud Creditors._ The right of an assignee to recover on a note can not be objected to on the ground that the assignment was made with the intent to defraud creditors. by any other than creditors. Newsom 1/. Russell, 77 N. C. 277. Purchaser without Indorsement.--. purchaser o'f a negotiable instrument, for value, before maturity. but without endorsement, becomes the holder of the equitable title only, and takes subject to any defense the maker may have against the original payee, as for one to become a purchaser in due course he must have acquired title by endorsement. Revisal, 2178, 2198; and in the absence of endorsement of the note sued on in an action by the purchaser, the plaintiff is not entitled to judgment upon evidence which shows a good de ifense in favor of the maker against the payee. Steinhilper '0. Basnight, 153 N. C. 293, 69 S. E. 220. 248. Patties Plaintiff. See ante, "Title to Sustain Action," 239. 249. _-In General. Personal Representative.--The personal representative of a decedent is the proper party.to bring an...show more

Product details

  • Paperback | 490 pages
  • 189 x 246 x 25mm | 866g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236905040
  • 9781236905048