LITTLE v. GRUBB OIL COMPANY

No. 7122SC617.

183 S.E.2d 290 (1971)

12 N.C. App. 394

Jean H. LITTLE v. GRUBB OIL COMPANY and June C. Little, Sr.

Court of Appeals of North Carolina.

September 15, 1971.


Attorney(s) appearing for the Case

Walser, Brinkley, Walser & McGirt by Walter F. Brinkley, Lexington, for plaintiff appellee.

Barnes & Grimes by Jerry B. Grimes, Lexington, for defendant appellants.


GRAHAM, Judge.

Three of appellant's assignments of error raise the question of whether plaintiff proved that she gave any consideration for the subject note.

The note was a negotiable instrument and was under seal. Thus, a presumption of consideration was raised. 1 Strong, N.C. Index 2d, Bills and Notes, § 4. While this presumption is rebuttable as between the original parties or as to any person not a holder in due course, the burden of rebutting the...

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