Piedmont Bank v. Wilson
Supreme Court of North Carolina
Civil AotioN for $400 due by note under seal, executed by defendant, Wilson, payable to the co-defendant, the Mor-ganton Manufacturing & Trading Co., and discounted by plaintiff Bank, tried before Coble, J., at Fall Term, 1898, of the Superior Court of Buses County. Plaintiff's Appeal. The answer of Wilson set -up matter in avoidance, equivalent to plea of payment of the whole debt.
Read the full summary
Civil AotioN for $400 due by note under seal, executed by defendant, Wilson, payable to the co-defendant, the Mor-ganton Manufacturing & Trading Co., and discounted by plaintiff Bank, tried before Coble, J., at Fall Term, 1898, of the Superior Court of Buses County. Plaintiff's Appeal. The answer of Wilson set -up matter in avoidance, equivalent to plea of payment of the whole debt. Upon' the evidence submitted and the charge of the Court the jury found the issue relating thereto in favor of the defendant, and judgment was rendered against the plaintiff, who appealed. The pleadings, issue,…
1Opinion
This is the appeal of the defendant manufacturing company in the preceding case between the same parties, involving, however, an entirely different question of law. The plaintiff brought this action upon the promissory note of the defendant manufacturing company, endorsed by said Wilson. The defendant company filed its separate answer as follows:
1. "That after the suit was brought in this case by the plaintiff bank, it failed, and the plaintiff, L. A. Bristol, was made permanent receiver, and is made party plaintiff, at this term of the court; that he is now pressing this cause against…
2Cases cited4 opinions
- General Electric Co. v. WilliamsSupreme Court of North Carolina · 1898
- Griffin v. Thomas.Supreme Court of North Carolina · 1901
- Singer Sewing Machine Co. v. BurgerSupreme Court of North Carolina · 1921
- National Bank v. LennonSupreme Court of North Carolina · 1915