Vance v. . Bryan

Hoke, J. We have carefully examined the case and find no reversible error to plaintiff’s prejudice. On the trial it was made to appear that, on 1 March, 1904, defendant E. K. Baúg-ham, trading as the Carolina Machinery Company, sold to his codefendants, G. F. Bryan et al., the engine, boiler, and sawmill and took from the purchasers two notes therefor in the sum of $251.34 each, one payable 1 July, 1904, and the second 1 November, '1894, and also a lien on the property to secure the same in the form of a conditional sale, which was duly registered; that at the time the said notes were executed or within a few days thereafter they were indorsed for full value by the payee to plaintiff, and that no payment had been made thereon to plaintiff except the $100, as established by the verdict. It was chiefly contended by the purchasers that, except the $100 referred to, they had paid for the sawmill, etc., to the Carolina Machinery Company, their immediate vendor, and that, on the testimony, the question should have been submitted to the' jury whether the machinery company, at the time the payments were claimed to have been made, was not the agent of plaintiff for the purpose and duly authorized to receive the same; but we concur with his Honor below, in the opinion that there was no *504 evidence tending to support tbe position, and no facts appearing from wbicb tbe same could be reasonably inferred. Tbe plaintiff being bolder of the notes in due course, by indorsement for value and before maturity, etc., bis demand is not affected by payments made to tbe payee, wbicb were not entered on tbe notes and of wbicb tbe bolder bad no notice. Bank v. Michael, 96 N. C., 53; Blackmer v. Phillips, 67 N. C., 340. There is no error, and the judgment in plaintiff’s favor will be affirmed No error.