33 Pierce v. Carlton

Pierce v.
Carlton
184 N.C. 175, 176 (N.C. 1922)
J. Hoke
Topic: Holder in Due Course—Rights of a purchaser from a holder in due course

Doctrine: In the hands of any holder other than a holder in due course, a negotiable instrument is subject
to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due
course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights
of such former holder in respect of all parties prior to the latter.
Petitioner: Pierce
Respondent: Carlton
Case Summary: This is a civil action to recover the balance of the 3 PNs executed by Carlton, and
payable to Crawford. Crawford indorsed the PNs in blank. Pierce purchased such PNs, and subsequently
sold them to his brother. After the dispute arose, Pierce bought back the PNs from his brother. Carlton
was alleging fraud on the part of Pierce when he first bought the PNs from the payees who indorsed the
PNs in blank. The Court approved the principle that as a rule one who acquires title from a holder in due
course may recover though he himself may have had notice of the infirmity when he acquired the
instrument from such holder — the specific question being, not whether he had notice of any infirmity at
that time, but whether he had been a party to any fraud or illegality affecting the instrument.
Facts:
 This is a civil action to recover the balance due on three (3) promissory notes, executed on
February 11, 1913 by defendant.
o The PNs were payable to Crawford Ceas on June 1, 1914, June 1, 1915, and June 1,
1916, respectively.
o The PNs each had a credit of $100 and left an aggregate amount due of $2,100.
 February 11: The PNs were endorsed in blank by the payees.
o The plaintiff allegedly bought said notes for $1,800, and without notice or knowledge of
any infirmity affecting the validity of said notes.
 Subsequently, the plaintiff sold and delivered the PNs to his brother, Thomas B. Pierce, cashier of
a bank in Durham, for $2,100.
o Thomas Pierce was allegedly a purchaser for value without notice.
 June 1915: There having developed a dispute about the PNs, plaintiff bought the notes back from
his brother for $2,100, and same were endorsed to plaintiff without recourse.
 The defendants alleged that said notes were procured by false and fraudulent representations on
the part of the payees, and that plaintiff not only had full notice and knowledge of the fraud at the
time he first acquired said notes, but that he had actually aided and abetted the payees in the
fraudulent conduct and representations by which the note was procured.
Issues + Held: WON the plaintiff participated in the alleged fraud—YES.
 In the hands of any holder other than a holder in due course, a negotiable instrument is subject to
the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder
in due course, and who is not himself a party to any fraud or illegality affecting the instrument,
has all the rights of such former holder in respect of all parties prior to the latter.
 One who acquires title from a holder in due course may recover though he himself may have had
notice of the infirmity when he acquired the instrument from such holder. But if the note were
invalid as between the maker and the payee, the payee could not himself, by purchase from a
bona fide holder, become successor to his rights. This also applies to:
o One who reacquires the note as agent of the payee or for his benefit, and to one by whose
influence and agency the note was fraudulently procured.
o A payee who has procured the execution of a note by fraud and afterwards reacquires the
same from a bona fide holder, to the agent who acts for such a payee in reacquisition of
the instrument, or to one who aids and abets the payee in the fraud by which the
instrument is procured.
o One who, not being a party or participant in the fraud, has purchased such a note from
the payee with knowledge or notice thereof, and reacquires the same from a bona fide
holder.
Ruling: This case is submitted to the jury, and that plaintiff's motion to nonsuit was properly overruled.

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Pierce v.

Topic: Holder in Due Course—Rights of a purchaser from a holder in due course

Issues + Held: WON the plaintiff participated in the alleged fraud—YES.

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