{
  "id": 8629142,
  "name": "JACOB THOMPSON v. K. B. JOHNSON",
  "name_abbreviation": "Thompson v. Johnson",
  "decision_date": "1932-06-15",
  "docket_number": "",
  "first_page": "817",
  "last_page": "817",
  "citations": [
    {
      "type": "official",
      "cite": "202 N.C. 817"
    }
  ],
  "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": "12 S. E., 895",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "108 N. C., 148",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 144,
    "char_count": 1740,
    "ocr_confidence": 0.467,
    "pagerank": {
      "raw": 1.8520929315227924e-07,
      "percentile": 0.723665742674573
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    "sha256": "6a6d4b8fa6a3c90e3903f6d5a26840d1a17bf93a8927e88e668a64d07a624f68",
    "simhash": "1:9f16409745e5bc6c",
    "word_count": 307
  },
  "last_updated": "2023-07-14T22:38:17.445618+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JACOB THOMPSON v. K. B. JOHNSON."
    ],
    "opinions": [
      {
        "text": "Pee Oubiam:.\nIt is true that tbe complaint is little more than a skeleton, but tbe judgment overruling tbe demurrer is \u2022 sustained upon tbe authority of Deloatch v. Vinson, 108 N. C., 148, 12 S. E., 895. Tbe Court said: \u201cTbe payee or endorser of a note is tbe prima facie owner and bolder. Tbe allegation that be is so is unnecessary, and if tbe defendant defends upon tbe ground that tbe plaintiff is not such owner, be should set up tbe facts showing title in someone else.\u201d\nAffirmed.",
        "type": "majority",
        "author": "Pee Oubiam:."
      }
    ],
    "attorneys": [
      "Calvert & Duncan for plaintiff.",
      "A. J. Fletcher for defendant."
    ],
    "corrections": "",
    "head_matter": "JACOB THOMPSON v. K. B. JOHNSON.\n(Filed 15 June, 1932.)\nBills and Notes H b \u2014 Complaint in action on note by payee or endorsee held not demurrable for failure to allege ownership.\nThe payee or endorsee of a negotiable instrument is prima facie the holder and owner, and entitled to sue thereon, and in an action by the payee, a demurrer on the ground that the complaint failed to allege that the plaintiff was the owner or holder of the note is properly overruled, it being for the defendant to show the contrary as a defense.\nCivil aotioh, before Gowper, Special Judge, at January Special Term, 1932, of \"Waice.\nPlaintiff alleged that on 1 January, 1930, tbe defendant, K. B. Johnson, and J. Beal Johnson executed and delivered a promissory note for $5,000, payable to Jacob Thompson, and that as collateral to said note there. was pledged and \u201cdelivered to tbe plaintiff\u201d certain shares of stock, and that no part of tbe note bad been paid. Tbe defendant demurred to tbe complaint upon tbe ground that there was no allegation as to whom tbe note was delivered or that tbe plaintiff was tbe owner or bolder of said note. Tbe demurrer was .overruled and tbe defendant excepted and appealed.\nCalvert & Duncan for plaintiff.\nA. J. Fletcher for defendant."
  },
  "file_name": "0817-01",
  "first_page_order": 883,
  "last_page_order": 883
}