Lynch v. . Loftin
Supreme Court of North Carolina
Appeal from GooTce, J., at tbe June Term, 1910, of LeNoie. Civil action on demurrer by tbe defendant to tbe complaint. His Honor sustained tbe demurrer as to one of tbe defendants* from wbicb ruling no appeal was prosecuted and overruled it as to tbe defendants Loftin & Pollock, assignee, wbo appealed to tbis Court.
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Appeal from GooTce, J., at tbe June Term, 1910, of LeNoie. Civil action on demurrer by tbe defendant to tbe complaint. His Honor sustained tbe demurrer as to one of tbe defendants* from wbicb ruling no appeal was prosecuted and overruled it as to tbe defendants Loftin & Pollock, assignee, wbo appealed to tbis Court. On tbe 16tb day of April, 1910, J. W. Lyncb and L. V. Mor-rill executed and delivered tbeir note for $1,500, payable sixty days after date to tbe plaintiff, S. L. Lyncb, and tbe plaintiff thereafter endorsed tbe same in blank, and tbe same was delivered to S. H. Loftin. Tbis was…
1Opinion of the CourtManning, J.
This case presents some unusual features. The plaintiff takes a note from J. ~W. Lynch and L. Y. Morrill for $1,500, in the usual form. He endorses that note in blank, and it comes, before maturity, to the possession of the defendant, S. H. Loftin, wbo endorses it to tbe Merchants National Bank of Richmond, Ya. The note being unpaid at maturity, the holder sued the endorsers and makers and recovered judgment; the plaintiff being the first endorser (the principals being insolvent), has paid the judgment amounting to $1,875.50. This amount he now seeks to recover of his subsequent endorser, S.…
2Cases cited3 opinions
- Edney v. . EdneySupreme Court of North Carolina · 1879
- Vaughan Barnes v. . Gooch and PrescottSupreme Court of North Carolina · 1885
- Adrian v. . McCaskillSupreme Court of North Carolina · 1889
3Cited by14 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Gardiner v. . MaySupreme Court of North Carolina · 1916
- Overton v. OvertonSupreme Court of North Carolina · 1963
- Lee v. . RhodesSupreme Court of North Carolina · 1947
- Morris v. . PattersonSupreme Court of North Carolina · 1920
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