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SMATHERS v. SMATHERS

No. 7730DC86.

239 S.E.2d 637 (1977)

34 N.C. App. 724

Joy I. SMATHERS v. Alan D. SMATHERS and Josephine H. Smathers (two cases).

Court of Appeals of North Carolina.

December 21, 1977.

Attorney(s) appearing for the Case

Richard W. Riddle, Maggie Valley, for plaintiff-appellee.

W. R. Francis, Waynesville, and Roberts, Cogburn & Williams by Max O. Cogburn and Max O. Cogburn, Jr., Asheville, for defendants-appellants.

PARKER, Judge.

G.S. 25-1-201(20) defines a "holder" as "a person who is in possession of a document of title or an instrument or an investment security drawn, issued or indorsed to him or to his order or to bearer or in blank." The notes upon which plaintiff sues were not drawn, issued or indorsed to her or to her order or to bearer or in blank. Therefore, plaintiff is not the holder of the notes within the meaning of the Uniform Commercial Code, G.S. Ch. 25, and...

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