Supreme Court of North Carolina, 1917

Newland v. . Moore

Newland v. . Moore
Supreme Court of North Carolina · Decided May 16, 1917 · PER CURIAM.
92 S.E. 367; 173 N.C. 728; 1917 N.C. LEXIS 398 (South Eastern Reporter)
Newland v. . Moore

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

If the ownership of the note had been put in issue it may be that the defendant would have ground of complaint as to the peremptory instruction given to the jury, but no- issue of this character is raised by the pleadings, and the defendant relies on the failure to give him notice, as indorser, of the dishonor of the note.

The note is nonnegotiable, because not payable to order or bearer, and being nonnegotiable, the defendant was not entitled to notice. Johnson v. Lassiter, 155 N. C., 50; 8 C. J., 635; 3 R. C. L., 1220.

No error.

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