Parker v. . Sutton
Supreme Court of North Carolina
Civil action, tried before Clark, J., at Spring Term, 1889, of BladeN Superior Court. The plaintiff is the administrator of J. McK. Mulford, and brought this action against W. J. Sutton and Jno.
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Civil action, tried before Clark, J., at Spring Term, 1889, of BladeN Superior Court. The plaintiff is the administrator of J. McK. Mulford, and brought this action against W. J. Sutton and Jno. A. McDowell, to recover the money due on a promissory note,, whereof the following is a copy: “$1,000. Elizabethtown, N. C., Dec. 10, 1882. “ Ninety days after date I promise to pay to Col John A. McDowell, or order, one thousand dollars, value received, with interest after the maturity at the rate of eight per cent, per annum. “ (Signed) W. J. SuttoN.” This note was indorsed by the payee in blank,…
1Opinion of the CourtMerrimon, J.
(after stating the case). The note sued upon was plainly a negotiable instrument, and might, by indorsement of the payee thereof, be put upon the market and bought and sold indefinitely. The original parties to it treated it as “ accommodation paper,” and the facts show that the chief and material part of their purpose was to enable the maker thereof to borrow money upon it. It was expected that he would get the money from one of the banks in Fayetteville, but not necessarily from a bank, or in that town. If it had been so intended, some particular restriction in this respect would have been…
2Cases cited1 opinion
- Parker v. . McDowellSupreme Court of North Carolina · 1886
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