Gen. Motors Acceptance Corp. v. Fletcher, 379.

• Decision Date: 27 January 1932
• Docket Number: No. 379.,379.
• Court: North Carolina Supreme Court
• Parties: GENERAL MOTORS ACCEPTANCE CORPORATION. v. FLETCHER.

162 S.E. 234

202 N.C. 170

GENERAL MOTORS ACCEPTANCE CORPORATION.

v.FLETCHER.

No. 379.

Supreme Court of North Carolina.

Jan. 27, 1932.

Appeal from Superior Court, Forsyth County; Oglesby, Judge.

Action by the General Motors Acceptance Corporation against J. L. Fletcher. From judgment that plaintiff recover nothing of the defendant, plaintiff appeals.

Affirmed.

This is an action to recover on a negotiable instrument executed by the defendant, payable to the order of the Lindsay Fishel Buick Company, and negotiated for value and before maturity by the said Buick Company to the plaintiff.

The action was begun and tried in the Forsyth county court. The issues submitted to the jury were answered as follows:

"1. Did the defendant execute and deliver to the Lindsay Fishel Buick Company his written obligation as alleged in the complaint? Answer, Yes, by the Court upon the pleadings.

"2. Did the Lindsay Fishel Buick Company transfer said written obligation to the General Motors Acceptance Corporation before maturity, and for value, as alleged in the complaint? Answer, Yes, by the Court upon the pleadings.

"3. Was the Lindsay Fishel Buick Company the agent of the plaintiff, General Motors Acceptance Corporation, with authority express or implied, to receive for it the payments as alleged in the answer? Answer, Yes.

"4. Did the defendant, J. L. Fletcher, pay to the Lindsay Fishel Buick Company, as agent for the plaintiff, the amount of said written obligation, as alleged in the answer? Answer, Yes.

"5. In what amount, if any, is the defendant indebted to the plaintiff? Answer, Nothing."

From judgment that plaintiff recover nothing of the defendant, plaintiff appealed to the judge of the superior court of Forsyth county. Its assignments of error on this appeal were not sustained.

From judgment affirming the judgment of the Forsyth county court, plaintiff appealed to the Supreme Court.

Shuping & Hampton, of Greensboro, for appellant.

Parrish & Deal, of Winston-Salem, for appellee.

CONNOR, J.

On its appeal to this court, plaintiff relies on its assignments of error based on its exceptions to the rulings of the judge of the superior court on its appeal from the judgment of the county court with respect to its exceptions at the trial pertinent to the third issue. In view of the admissions in the pleadings, this is the determinative issue in this action. The execution by the defendant of the negotiable instrument sued on in this action, its transfer by the indorsement of the Lindsay Fishel Buick Company for value and before maturity to the plaintiff, and the payment of the amount of said...