Farrow v. . Respess
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Beaufort County, at the Special Term in January lS'H), his Honor Judge Battle, presiding. This was an action of assumpsit upon the guaranty of a note, a copy of which, marked A., is sent as a part of this case. For the plaintiff it was proved, that the note was given by the guarantor, in payment for the purchase of a share in a vessel.
Read the full summary
Appeal from the Superior Court of Law of Beaufort County, at the Special Term in January lS'H), his Honor Judge Battle, presiding. This was an action of assumpsit upon the guaranty of a note, a copy of which, marked A., is sent as a part of this case. For the plaintiff it was proved, that the note was given by the guarantor, in payment for the purchase of a share in a vessel. At the time when the note became due, on the 1st day of October, 1846, the maker had a store in the town of Bath and had $2 or 3000 worth of property in possession, and was then supposed to be solvent; but on the 6th day…
1Opinion of the CourtNash, J.
On the part of the defendant it is objected, that the plaintiff cannot maintain the action, for the want of a demand on the maker of the note, the subject of the guaranty; and also because of a failure on the part of the plaintiff to use due diligence in endeavoring to collect the money from the maker of the note; and because the question of diligence was one of law, to be decided by the Court.
To these objections the charge of- the presiding Judge was a full answer. The jury were instructed, that the defendant was not discharged, under the circumstances of this case, by the plaintiff’s…
2Cited by3 opinions
- Johnson v. . LassiterSupreme Court of North Carolina · 1911
- Middle States Loan, Building & Construction Co. v. EngleWest Virginia Supreme Court · 1898
- Crawford v. . LytleSupreme Court of North Carolina · 1874