Legal Opinion

Bank of Fayetteville v. Nimocks

Supreme Court of North Carolina

Decided April 4, 1899PublishedCited by 4 opinions

This was a Civil ActioN, tried by Bynum, and a jury, at November Term of CumbeexaND Superior Court. The de>-feudant R. M. Nimocks made uo answer, and judgment by default was rendered against him. The Judge, after hearing all the testimony, settled the issues, being all that were offered by either side. See the five issues, and the jury’s answers thereto, as set out in the record and in the opinion.

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This was a Civil ActioN, tried by Bynum, and a jury, at November Term of CumbeexaND Superior Court. The de>-feudant R. M. Nimocks made uo answer, and judgment by default was rendered against him. The Judge, after hearing all the testimony, settled the issues, being all that were offered by either side. See the five issues, and the jury’s answers thereto, as set out in the record and in the opinion. The plaintiff’s prayers for instruction were in writing, and were all given, as the record shows. The plaintiff excepted to the submission of the first, second, third and fourth issues. The…

1Opinion of the CourtDouglas, J.

The plaintiff brought this action upon a promissory note for $3,000, executed by the defendant Nimocks to the defendant McArthur, and by him endorsed to the plaintiff. There were certain admitted credits upon the note. The defendant McArthur hereinafter called the defendant, as Nimocks made no defence, alleged that the plaintiff discounted the note for Nimocks, well knowing that the defendant was only an accommodation endorser; “that for his protection and to save himself against loss by reason of said accommodation endorsement on said note, he procured Nim-ocks to lodge with the plaintiff…

2Cases cited4 opinions

  1. Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
  2. Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
  3. Bell v. HowertonSupreme Court of North Carolina · 1892
  4. Pipkin v. . BondSupreme Court of North Carolina · 1847

3Cited by4 opinions

  1. F. D. Cline Paving Co. v. Southland Speedways, Inc.Supreme Court of North Carolina · 1959
  2. Henry v. . HeggieSupreme Court of North Carolina · 1913
  3. Bell v. . HowertonSupreme Court of North Carolina · 1892
  4. Nelson v. WilliamsSupreme Court of North Carolina · 1838

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