Citizens National Bank of Durham v. Burch
Supreme Court of North Carolina
Civil actioN, tried before Justice, J., and a jury, at March Term, 1901, of the Superior Court of Dueham County, and appealed by the defendant J. W. Smith. On 16 July, 1906, Joab Burch and L. R. Burch executed a note, of which the following is a copy: $1,000.00. Dueham, N. C., July 16, 1906. Que hundred and twenty days after date we promise to pay to the order of The Citizens National Bank of Durham, at Durham, N. 0., one thousand and 00-100 dollars.
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Civil actioN, tried before Justice, J., and a jury, at March Term, 1901, of the Superior Court of Dueham County, and appealed by the defendant J. W. Smith. On 16 July, 1906, Joab Burch and L. R. Burch executed a note, of which the following is a copy: $1,000.00. Dueham, N. C., July 16, 1906. Que hundred and twenty days after date we promise to pay to the order of The Citizens National Bank of Durham, at Durham, N. 0., one thousand and 00-100 dollars. Negotiable and payable at The Citizens National Bank of Durham, at Durham, N. 0., for value received, etc. ' (Signed) Joab Buech, L. E. Bueoh.…
1Opinion of the CourtBeowN, J.
According to the facts as found by the jury at the time the note was presented to appellant for endorsement as surety, it contained the names of Joab Burch and L. E. Burch as principals, and Smith endorsed the same on its back as surety for them as principals, having no knowledge that Joab Burch and L. E. Burch were otherwise than principals, or that the defendant L. E. Burch bore any relation to the note other than as a coprincipal with Joab Burch. The *318form of the note justified Smith iu supposing that the two Burchs were borrowing the money jointly, and were jointly liable for it as…
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