(Filed 15 June, 1932.)
Bills and Notes H b — Complaint in action on note by payee or endorsee held not demurrable for failure to allege ownership.
The 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.
Civil aotioh, before Gowper, Special Judge, at January Special Term, 1932, of "Waice.
Plaintiff 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 “delivered to tbe plaintiff” 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.
Calvert & Duncan for plaintiff.
A. J. Fletcher for defendant.
It is true that tbe complaint is little more than a skeleton, but tbe judgment overruling tbe demurrer is • sustained upon tbe authority of Deloatch v. Vinson, 108 N. C., 148, 12 S. E., 895. Tbe Court said: “Tbe 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.”
Affirmed.
202 N.C. 817
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