Legal Opinion

Southern Nat. Bank of North Carolina v. Pocock

Court of Appeals of North Carolina

Decided April 7, 1976No. 7510SC732PublishedCited by 7 opinions

1Opinion of the Court

PARKER, Judge.

At issue between the parties is whether defendants are personally liable on the contract of guaranty. Insofar as pertinent to the question presented by this appeal, G.S. 25-3-403(2) (b) provides:

“G.S. 25-3-403. Signature of authorized representative.

❖ 5k :[i 5k(2) An authorized representative who signs his own name to an instrument

>;< jfc :k(b) except as otherwise established between the immediate parties, is personally obligated if the instrument names the person represented but does not show that the representative signed in a representative capacity, or if the instrument does…

2Cases cited4 opinions

  1. Kelly v. International Harvester CompanySupreme Court of North Carolina · 1971
  2. Investment Properties of Asheville, Inc. v. NorburnSupreme Court of North Carolina · 1972
  3. Edwards v. Hood Motor Co.Supreme Court of North Carolina · 1952
  4. Lee v. RhodesSupreme Court of North Carolina · 1949

3Cited by7 opinions

  1. Chemical Bank v. BelkCourt of Appeals of North Carolina · 1979
  2. Rosedale State Bank & Trust Co. v. StringerCourt of Appeals of Kansas · 1978
  3. Richardson v. First National Bank of LouisvilleCourt of Appeals of Kentucky · 1983
  4. Bank v. CannonSupreme Court of Alabama · 1982
  5. Newcomer v. Weyerhaeuser CompanyCourt of Appeals of Washington · 1980

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