{ "id": 8655285, "name": "BRANCH BANKING AND TRUST COMPANY v. JOHN W. LEGGETT", "name_abbreviation": "Branch Banking & Trust Co. v. Leggett", "decision_date": "1923-02-28", "docket_number": "", "first_page": "65", "last_page": "68", "citations": [ { "type": "official", "cite": "185 N.C. 65" } ], "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": "14 Idaho, 552", "category": "reporters:state", "reporter": "Idaho", "case_ids": [ 8586139 ], "opinion_index": 0, "case_paths": [ "/idaho/14/0552-01" ] }, { "cite": "84 N. C., 25", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "116 Mich., 28", "category": "reporters:state", "reporter": "Mich.", "case_ids": [ 1443292 ], "opinion_index": 0, "case_paths": [ "/mich/116/0028-01" ] }, { "cite": "8 Neb., 10", "category": "reporters:state", "reporter": "Neb.", "case_ids": [ 2885178 ], "opinion_index": 0, "case_paths": [ "/neb/8/0010-01" ] }, { "cite": "151 Iowa, 173", "category": "reporters:state", "reporter": "Iowa", "opinion_index": 0 }, { "cite": "54 Ind., 164", "category": "reporters:state", "reporter": "Ind.", "case_ids": [ 1432753 ], "opinion_index": 0, "case_paths": [ "/ind/54/0164-01" ] }, { "cite": "131 N. Y. Supp., 475", "category": "reporters:state", "reporter": "N.Y.S.", "case_ids": [ 7658447 ], "opinion_index": 0, "case_paths": [ "/nys/131/0475-01" ] }, { "cite": "98 Ala., 602", "category": "reporters:state", "reporter": "Ala.", "case_ids": [ 8494589 ], "opinion_index": 0, "case_paths": [ "/ala/98/0602-01" ] }, { "cite": "123 Ala., 258", "category": "reporters:state", "reporter": "Ala.", "opinion_index": 0 }, { "cite": "136 U. S., 268", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1217850 ], "opinion_index": 0, "case_paths": [ "/us/136/0268-01" ] }, { "cite": "96 N. C., 53", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8649121 ], "opinion_index": 0, "case_paths": [ "/nc/96/0053-01" ] }, { "cite": "151 N. C., 359", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8654856 ], "opinion_index": 0, "case_paths": [ "/nc/151/0359-01" ] }, { "cite": "153 N. C., 285", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11272223 ], "opinion_index": 0, "case_paths": [ "/nc/153/0285-01" ] } ], "analysis": { "cardinality": 459, "char_count": 7104, "ocr_confidence": 0.456, "pagerank": { "raw": 6.953181076708473e-08, "percentile": 0.4214581622326244 }, "sha256": "8251a079889f9460ddc5c94eb21b313562a35c1a70163604fbf8fa1179ef7977", "simhash": "1:386ddc937e7ab64d", "word_count": 1246 }, "last_updated": "2023-07-14T20:46:28.944101+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "BRANCH BANKING AND TRUST COMPANY v. JOHN W. LEGGETT." ], "opinions": [ { "text": "Hoke, J.\nThe note sued on is in form as follows;\n\u201c$472.50.\n\u201cDated at Hobgood, N. C., 1 August, 1921.\n\u201cOn or before 1 December, 1921, for value received, I promise to pay to E. P. Hyman & Company, or order, the sum of $472.50, with interest until paid at six per cent from date.\n\u201cThis note is given for one Hebner & Sons peanut picker.\n\u201cI agree that the title thereto, and to all repairs and extra parts furnished, shall remain in said E. P. Hyman & Company until this and all other notes given for the purchase price shall have been paid in full with all interest. If I fail to pay this note, or if said property is misused, or seized for my debts, the holder of this note may seize and sell the same at public or private sale, with or without notice; pay all expenses thereby incurred and apply the net proceeds upon this note and other notes given for the purchase price thereof, whether due or not due, and retain all payments before made as rent for the use of said property. I expressly agree to pay any balance on this note remaining unpaid after such property is sold, or if same is burned or otherwise damaged or destroyed after its delivery to me. \u201cJoHN W. Leggett, [seal.]\u201d\nThe former portion of this instrument, containing as it does a positive provision to pay a specific sum of money at a designated time, comes well within the definitions of a negotiable promissory note as accepted by approved precedents and the express provision of our statute on the subject. C. S., 2982, 2983, 2984. And in our opinion there is nothing-in the last clause of the paper that in any way qualifies or impairs its negotiability. That does not impose upon the obligor the doing of \u201cany act in addition to the payment of the money,\u201d but only retains the title to the goods sold as a security for the debt, being under our decisions in effect a chattel mortgage for the purpose, Lancaster v. Ins. Co., 153 N. C., 285, and the stipulations relied upon are in reference to the disposition of the proceeds and their proper application to the obligors\u2019 unqualified promise to pay as contained in the first part of the note.\nIn 8th Corpus Juris, p. 119, the author, after giving several stipulations which would serve to render a note conditional, and therefore un-negotiable, closes with the statement: \u201cOn the other hand, although conditions are sometimes implied from the language of the paper, the negotiability of the instrument is favored by the courts, and it is held to be unconditional where the disputed clause is merely a reference to the consideration or its application, or to a fund for its payment.\u201d A statement that is in accord with the better considered decisions on the subject here and elsewhere. Bank v. Hatcher, 151 N. C., 359; Bank v. Michael, 96 N. C., 53; Chicago R. R. Equipment Co. v. Merchants Bank, 136 U. S., 268; Banking Co. v. Gray, 123 Ala., 258; Bank v. Slaughter, 98 Ala., 602; Equity Insurance Co. v. Taylor, 131 N. Y. Supp., 475; Walker v. Wooten, 54 Ind., 164; Union Bank v. Spies, 151 Iowa, 173; Heard v. Dubuque, 8 Neb., 10; Choate v. Stevens, 116 Mich., 28; 4 A. & E., pp. 88 and 89; 3 R. C. L., p. 917.\nIn this jurisdiction the question would seem to be put at rest by the terms of the Negotiable Instrument Act, C. S., 2986, which makes provision as follows: \u201cAn instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which (1) authorizes the sale of collateral, securities in case the instrument be not paid at maturity; or (2) authorizes a confession of judgment if tbe instrument be not paid at maturity; or (3) waives tbe benefit of any law intended for tbe advantage or protection of obligor; or (4) gives tbe bolder an election to require something to be done in lieu of payment of money, etc.\u201d\nIn Bank v. Bynum, 84 N. C., 25, to wbicb we were cited by counsel for appellant, there were stipulations in the instrument wbicb rendered same uncertain both as to the time and amount of payment. And Kempton v. Studebaker Bros., 14 Idaho, 552, may be distinguished on the same ground, the instrument containing the stipulation that the payee bad full power to declare the note due and take possession of the property before the time specified provided it deemed itself insecure. But not so here, the instrument, as stated, containing an unqualified promise to pay a designated sum at the time specified, and \u201ccarrying the personal credit of maker in, support of the promise.\u201d 4 A. & E., p. 89.\nThere is no error, and tbe judgment in plaintiff\u2019s favor is affirmed.\nNo error.", "type": "majority", "author": "Hoke, J." } ], "attorneys": [ "L. W. Leggett for defendant." ], "corrections": "", "head_matter": "BRANCH BANKING AND TRUST COMPANY v. JOHN W. LEGGETT.\n(Filed 28 February, 1923.)\nBills and Notes \u2014 Negotiable Instruments \u2014 Mortgages\u2014Goods Sold and Delivered \u2014 Vendor and Purchaser \u2014 Title Retained \u2014 Purchaser for 'Value \u2014 Equities.\nA note under the unconditional promise of the maker to pay a specific sum of money at a designated time is a negotiable promissory note, the negotiability of which is not affected because the title to goods sold and delivered for which it was given, is retained by its further terms until payment thereof shall have been made; or containing stipulations with reference to the disposition of the proceeds and their proper application to the obligor\u2019s unqualified promise to pay as contained in the first part of the instrument; and a purchaser for full value before maturity, without notice, is not bound by equities existing between the original parties.\nAppeal by defendant from Darnels, J., at November Term, 1922, of WlLSON.\nPlaintiff sued as endorsee for value, and claiming to be bolder in due course of a negotiable promissory note for $472.50, of date 1 August, 1921, made by defendant to E. P. Hyman & Company, or order, and payable on or before 1 December, 1921, witb other provisions appearing on tbe face of tbe note. Tbe note was put in evidence witb proof on part of plaintiff that same bad been sold and endorsed to plaintiff prior to said 1 December, 1921, for full value and without notice of any infirmities or defenses between tbe original parties other than such as was conveyed by tbe form or contents of tbe note.\nDefendant answered alleging that said note was given on tbe purchase of certain machinery from tbe payee named therein, and sale of which was accompanied by certain guarantees and stipulations which had been broken by such payee to defendant\u2019s damage, said damage being set up in the answer on a counterclaim to the amount of $500, and on the trial requested the court to hold that the note was nonnegotiable, with a view and purpose of offering evidence as to the equities and counterclaim alleged to exist between the original parties, as set up in the'answer.\nThe court ruled that the note in question was negotiable, and no further evidence being offered, there was verdict for plaintiff. Judgment on the verdict, and defendant excepted and appealed, assigning for error the ruling of the court as to the negotiability of the instrument.\nL. W. Leggett for defendant." }, "file_name": "0065-01", "first_page_order": 131, "last_page_order": 134 }