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129 N.C. 190

39 S.E 822

Brooks v. Sullivan.

Supreme Court of North Carolina

Decided November 5, 1901

Supreme Court of North Carolina · decided 1901-11-05

AotxoN by A. F. Brooks against J. II. Sullivan and J. B. Gerringer, beard by Judge E. W. Timberlatfe and a jury, at January (Special) Term, 1901, of the Superior Court of Guilford County. From a judgment for the defendants, the plaintiff appealed.

Good law ✅— No negative treatment on recordhow we know

Decided 1901-11-05

How this case has been cited

Cited by 7 later decisions — most recently June 1935

3 federal appellate · 3 state decisions

401901191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

C-laRK, J.

¶1 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.

¶2 Affirmed.

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