Supreme Court of North Carolina December 5, 1859 (Overton v. . Sawyer)

Battle, J.

We are unable to distingnsh this ease, in principle, from those of

Fairly

v.

McLean,

11 Ire. Rep. 158, and

Brickhonse

v.

Brickhouse,

Ibid. 404. The principle is, that if negotiable securities be given, either absolutely or upon condition, by the person to whom they are payable, to another, without endorsement, the executor or administrator of the donor ma}7 recover their value in an