Brooks v. Sullivan.
Cases that cite this one
11 later published cases cite this decision.
- Standard Inv. Co. v. Town of Snow Hill, N. C. (4th Cir. 1935)
- New Bern Oil & Fertilizer Co. v. National Bank (4th Cir. 1928)
- Felt v. Bush (Utah 1912)
- Melton v. Pensacola Bank & Trust Co. (6th Cir. 1911)
- Barnes v. . Crawford (N.C. 1931)
- Smathers v. Toxaway Hotel Co. (N.C. 1915)
- Sykes v. . Everett (N.C. 1914)
- Sykes v. Everett (N.C. 1914)
- National Bank of Commerce v. Morris (Mo. Ct. App. 1911)
- Graham v. Smith (Mich. 1908)
- Birket v. Elward (Kan. 1904)
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
The only question is whether, when a negotiable note is transferred before maturity as collateral security for a pre-existing debt, the assignee is such holder for value that he takes free from equities of which he had no notice. The “Negotiable Instruments” statute, Acts 1899, Chap. 183, secs. 25-21, settles that such is the case now to the extent of the debt secured, but that is a change of the law, which was previously otherwise. Holderby v. Blum, 22 N. C., 51; Harris v. Horner, 21 N. C., 455, 30 Am. Dec., 182; Potts v. Blackwell, 56 N. C., 449. This case is governed by the law as it stood prior to the act of 1899.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.