Ogburn v. Teague, 67 N.C. 355 (1872)

June 1872 · Supreme Court of North Carolina

67 N.C. 355

C. B. OGBURN vs. CHARLES TEAGUE.

In an action on a note given in 1863, for the purchase of property, the statute makes th^ value ot the property the guide for the verdict of the jury, and it is competent to show what estimate was put upon the property by the parties themselves, at the time of the sale.

A Judge may, in his discretion, permit a blank endorsement on a note to be filled up at any time during the trial, and even after verdict.

Action of assumpsit, tried before Cloudy J-, at Spring Term, 1872, of Eorsythe. Superior Court..

The plaintiff declared against the defendant as assignor of a note given in 1862, for the sum of $916.75.

Defendant pleaded general issue, tender, failure of consideration, scale, &c., &c.

The consideration of the note was a quantity of tobacco and borrowed Confederate money. The note was endorsed by the payee, in blank. The defendant endorsed it to the plaintiff. It was in evidence, that the note was given for about 800 pounds of manufactured tobacco and $140 in Confederate money. The payee of the note and one of the obligors were examined as to the v<.lue of the tobacco, and stated that, in the trade, it was rated from ninety cents to a dollar per pound, and that at the time it was worth from twelve and a half to fifteen cents per pound, in good money. That there was no agreement that the tobacco should be paid for in any specific currency, but that the vendor expected to receive, and the vendee to pay, in Confederate money.

His Honor instructed the jury, that they should apply the scale to the Confederate currency loaned and included in the note, and add the per centum for the depreciation of the national currency; that they should ascertain the value of the ■tobacco in good money at the time of the sale, and that in this connection they might look to the price agreed to be paid by the purchasers at the time, and to all other facts in the case; that the jury must look to all the testimony. Defendant excepted.

The jury returned a verdict for thr plaintiff, valuing the tobacco at 33$- cents in gold, and added the premium, &c., making altogether $559.65.

After the jury returned their verdict, and before judgment, defendant moved to non-suit, on the ground that the endorsements on the note were in blank. His Honor allowed the blank to be filled up and the defendant excepted.

Judgment according to the verdict, and appeal to the Supreme Court.

[Blaehner & McCorhle, for the plaintiff.

Scales c& Seales and Dillard & Gilmer, for the defendant.

Reade, J.

The statute makes the value of the property the guide for the verdict • of the jury. The estimate put upon it by the parties at the time of the sale was, to say the least, some evidence of its value, and was properly left to the jury, with the other evidence in the case.

The objection, that his Honor'allowed the blank endorsement to be tilled up, is without torce. It. was within the discretion of his Honor, and is usually -treated as a matter of course.

There is no error.

Per Curiam. Judgment affirmed.