Newland v. . Moore

Decided May 16, 1917

Supreme Court of North Carolina · decided 1917-05-16

Civil action-, tried before Garter, J., at February Term, 1917, of Caldwell. ' This is an action on a note for $100,000, payable to D. M. Puett. The plaintiff alleged the death of D. M. Puett and the qualification of the plaintiffs as his administrators, the execution of the note by the defendant F. P. Moore as a maker, and by the defendants W. C. Moore and W..C. Moore, Jr., as indorsers.

Cited by 1 later decisions — most recently December 1977

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1917-05-16

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Per Curiam.

¶1 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.

¶2 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.

¶3 No error.