{
  "id": 11272158,
  "name": "W. C. NEWLAND and A. A. KENT, Administrators of D. M. PRUITT, v. F. P. MOORE et al.",
  "name_abbreviation": "Newland v. Moore",
  "decision_date": "1917-05-16",
  "docket_number": "",
  "first_page": "728",
  "last_page": "729",
  "citations": [
    {
      "type": "official",
      "cite": "173 N.C. 728"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "155 N. C., 50",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 169,
    "char_count": 2386,
    "ocr_confidence": 0.473,
    "pagerank": {
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    "sha256": "c27785ac6759e24126a4801e4b3c49bb06d593934f5ea96a181d825622556d2c",
    "simhash": "1:09b1ea875e117fc2",
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  "last_updated": "2023-07-14T14:49:44.051040+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. C. NEWLAND and A. A. KENT, Administrators of D. M. PRUITT, v. F. P. MOORE et al."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nIf 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.\nThe 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.\nNo error.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Squires & Whisnant and Thomas E. Calvert for defendant.",
      "M. N. Earshaw and Edmund Jones for plaintiff."
    ],
    "corrections": "",
    "head_matter": "W. C. NEWLAND and A. A. KENT, Administrators of D. M. PRUITT, v. F. P. MOORE et al.\n(Filed 16 May, 1917.)\n1, Bills and Notes \u2014 Non Negotiable Instruments \u2014 Notice of Dishonor.\nA note not payable to order or bearer is not a negotiable paper, and an indorser thereon is not entitled to notice of dishonor.\n3. Same \u2014 Peremptory Instructions.\nWhere in an action against an indorser of a nonnegotiable paper the ownership thereof has not been put at issue, its execution is admitted and the only defense relied on was the failure to give notice of dishonor, an instruction to answer the issue for plaintiff, if the jury believed the evidence, is correct.\nCivil action-, tried before Garter, J., at February Term, 1917, of Caldwell.\n' This is an action on a note for $100,000, payable to D. M. Puett.\nThe 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.\nThe defendant W. O. Moore, Jr., against whom alone the action was tried, the other defendants having been discharged in bankruptcy, admitted tlie execution of the note and his indorsement, the death of Puett and the qualification of the plaintiffs as administrators, and the only-defense set up is that no notice of the nonpayment and dishonor of the note was given to him.\nAt the conclusion of the evidence the defendant moved for judgment of nonsuit, which was refused, and defendant excepted.\nHis Honor instructed the jury to answer the issue in favor of the plaintiffs of they believed the evidence.\nThere was a verdict and judgment in favor of the plaintiffs, and the defendant appealed.\nSquires & Whisnant and Thomas E. Calvert for defendant.\nM. N. Earshaw and Edmund Jones for plaintiff."
  },
  "file_name": "0728-01",
  "first_page_order": 786,
  "last_page_order": 787
}