Houser v. . Fayssoux
Supreme Court of North Carolina
Appeal by plaintiff from Shaw, J., at September Term, 1914, of GASTON. Civil action to recover on a promissory note, as follows: $2,000. One day after date we promise to pay J. B. White or bis order tbe sum of $2,000, for value received of bim, interest at 6 per cent per annum from 1 July, 1902. . Tbis tbe 2d day of July, 1902. ■ Dallas Cottoe Mills, (Seal) J. R. Lewis, President. Attest: J. D. Moose, Secretary and Treasurer.
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Appeal by plaintiff from Shaw, J., at September Term, 1914, of GASTON. Civil action to recover on a promissory note, as follows: $2,000. One day after date we promise to pay J. B. White or bis order tbe sum of $2,000, for value received of bim, interest at 6 per cent per annum from 1 July, 1902. . Tbis tbe 2d day of July, 1902. ■ Dallas Cottoe Mills, (Seal) J. R. Lewis, President. Attest: J. D. Moose, Secretary and Treasurer. The defendants indorsed tbis note by writing tbeir names on the back before delivery to plaintiff’s intestate, said defendants being directors of Dallas Cotton Mills.…
1Opinion of the CourtBbowN, J.
There are two defenses interposed: want of notice of dishonor, statute of limitations. That the defendants were accommodation indorsers on the note sued on is admitted.
It appears that the defendants placed their signatures on the back of the note; that they were not otherwise parties to the note; and it not appearing that they intended to be bound in some other capacity, they became liable as indorsers and were entitled to notice of dishonor. Perry v. Taylor, 148 N. C., 362; Eaton and Gilbert on Commercial Paper, sec. 108.
It is contended, however, that the defendants were directors of the…
2Cases cited6 opinions
- Hull v. MyersSupreme Court of Georgia · 1893
- Green v. Greensboro Female CollegeSupreme Court of North Carolina · 1880
- J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
- Leduc v. . ButlerSupreme Court of North Carolina · 1893
- Johnson v. . HookerSupreme Court of North Carolina · 1854
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- Murray v. Third Nat. Bank of St. LouisCourt of Appeals for the Sixth Circuit · 1916
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