Havens v. . Potts
Cases that cite this one
4 later published cases cite this decision.
- William Iselin & Co. v. Saunders (N.C. 1950)
- Liberty Central Trust Co. v. Union Trust Co. (N.C. 1925)
- State Ex Rel. Rice v. Hearn (N.C. 1891)
- State v. . Hargrave (N.C. 1889)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 provisions — that a note several times assigned after it is due (and an unnegotiable one stands on the same foot *33 ing exactly) will be subject to any set off, or other defence, that the maker had against any one or all of the assignees, at the date of the assignment, or before notice thereof. Harris v. Burwell, 65 N. C., 584.
No error. Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.