Merchants & Planters National Bank of Sherman v. Appleyard

77 S.E.2d 783 (1953)

238 N.C. 145

MERCHANTS & PLANTERS NAT. BANK OF SHERMAN

v.

APPLEYARD.

No. 739.

Supreme Court of North Carolina.

September 23, 1953.

Ratcliff, Vaughn, Hudson, Ferrell & Carter, Winston-Salem, for plaintiff, appellee.

Deal, Hutchins & Minor, Winston-Salem, for defendant, appellant.

DENNY, Justice.

The note in question having been executed in the State of Texas, the substantive rights of the parties are subject to the lex loci. However, since the plaintiff has instituted an action in this jurisdiction for the enforcement of its substantive rights against the defendant, its remedial…