Brittain v. Johnson
Supreme Court of North Carolina
From Northampton. This was an action commenced before a Justice of the Peace against the Defendant, as endorse** of a single bond, dated February 13, 1825, and payable one day after date.
Read the full summary
From Northampton. This was an action commenced before a Justice of the Peace against the Defendant, as endorse** of a single bond, dated February 13, 1825, and payable one day after date. The endorsement was stated to be for value received of the Plaintiff’s testator, and was dated February 16, 1825. On the trial, before RuppxN Judge, it was in evidence that the obligor, the Plaintiff’s testator, and the Defendant, were all farmers j that the ob-ligor and the Defendant lived together, and tiiat the Plaintiff’s testator resided in the same county, about seven miles from them. On the Saturday…
1Opinion of the Court
Taylor, Chief-Justice
Where the parties all reside in the same town, and are engaged in mercantile pursuits, or have, transactions with a bank, there is a common understanding, that the demand upon the maker must be made without delay, and notice promptly given to the endorser. The application of the strict rule to persons so situated, can seldom be productive of injustice, and this Court has considered itself warranted in requiring the utmost diligence under such circumstances. But the existence of such a rule among farmers living on their plantations, has never been recognized, and could not…
2Cited by3 opinions
- Citizens' Bank v. First National BankSupreme Court of Iowa · 1907
- National Bank of Asheville v. BradleySupreme Court of North Carolina · 1895
- Raines v. . GranthamSupreme Court of North Carolina · 1933