Bethlehem Steel & Iron Co. v. Jerry Liner-Junaluska Supply Co.

164 S.E. 339, 203 N.C. 10, 1932 N.C. LEXIS 298

• Court: Supreme Court of North Carolina
• Decided: June 15, 1932
• Status: Published

Opinion

Stacy, C. J.

The only question presented by the appeal is the sufficiency of the evidence to establish plaintiff’s ownership of the note in suit, which was admittedly executed by the defendant and delivered to Chandlee Steel and Iron Company, the payee named therein. The evidence shows that the note is negotiable, duly endorsed by the payee, and held by the plaintiff. This made out a prima facie case. Bank v. Rochamora, 193 N. C., 1, 136 S. E., 259; Clark v. Laurel Park Estates, 196 N. C., 624, 146 S. E., 584.

Moreover, if it be conceded that plaintiff took the note in question after maturity, no equities are pleaded, hence the only question is one of fact, the plaintiff’s alleged ownership of the note. The demurrer to the evidence was properly overruled.

Affirmed.