Kelly v. . Oliver
Supreme Court of North Carolina
This was a civil actioN, tried before Arm-field, J., and a jury, at February Term, 1893, of MecicleNburg Superior Court. The action was brought to recover the sum of $160, alleged to be due by the defendant to the plaintiff, who was a schoolteacher, for tuition. Plaintiff, as a witness in his own behalf, testified as follows “I was teaching school in Charlotte; and b9egan teaching in the year 1891. The defendant signed the paper shown me; I saw him sign it.
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This was a civil actioN, tried before Arm-field, J., and a jury, at February Term, 1893, of MecicleNburg Superior Court. The action was brought to recover the sum of $160, alleged to be due by the defendant to the plaintiff, who was a schoolteacher, for tuition. Plaintiff, as a witness in his own behalf, testified as follows “I was teaching school in Charlotte; and b9egan teaching in the year 1891. The defendant signed the paper shown me; I saw him sign it. The paper was as follows: ‘In order to. secure the continuance of Prof. Kelly’s school in Charlotte, we the undersigned agree to furnish…
1Opinion of the Court
Shjsphekd, C. J.:
As the name of the defendant is the last on the instrument, it cannot be claimed that the other par ties signed it in reference to his becoming a party. Neither does it appear that any specific sum was to be raised, so that the release of the defendant would increase the liability of the others. This being so, it was competent for the defendant to show that, although he signed the instrument, it was not to go into effect, as to him, until the plaintiff had procured the signatures of twenty others to the same. This does not contradict the terms of the writing, but amounts to a…
2Cases cited2 opinions
- Penniman v. AlexanderSupreme Court of North Carolina · 1892
- Lawing v. . RintlesSupreme Court of North Carolina · 1887
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- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
- Whitaker & Fowle v. LaneSupreme Court of Virginia · 1920
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- Garrison v. Case Threshing MacHine Co.Supreme Court of North Carolina · 1912
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