N.C.P.I.—Civil 504.27

The (state number) issue reads:

"Did the plaintiff rightfully reclaim (name goods) from the

defendant?"

(You will answer this issue only if you have answered the (state

number) issue "Yes" in favor of the plaintiff.)

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, four

things:

First, that the seller did not discover that the buyer was insolvent

prior to the buyer's receipt of the goods.2 (A person "discovers" a fact

when he obtains actual knowledge of it.3) (A person is insolvent when

[he ceases to pay his debts in the ordinary course of business] [he

cannot pay his debts as they become due] [his liabilities exceed his

assets].)4

Second, that the goods were received by the buyer on credit.

Third, that the buyer was insolvent at the time the buyer received

the goods.

And Fourth, that

[within ten days after the buyer received the goods, the seller

made a demand for return of the goods]

[the buyer made a misrepresentation of his solvency to the seller

within three months of the buyer's receipt of the goods].5

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

the plaintiff rightfully reclaimed (name goods) from the defendant, then it

would be your duty to answer this issue "Yes" in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.