Hoffman v. . Moore
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1879, of GastoN Superior Court, before Buxton, J. The plaintiff brings bis action to recover the balance due on a promissory note under seal as follows: “$3,000 On the first day of January, 1876, with, interest from the 1st day of June, 1875, at eight per cent per an-num, I promise to pay Jonas Hoffman tlie sum of three thousand dollars for value received.
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Civil Action tried at Fall Term, 1879, of GastoN Superior Court, before Buxton, J. The plaintiff brings bis action to recover the balance due on a promissory note under seal as follows: “$3,000 On the first day of January, 1876, with, interest from the 1st day of June, 1875, at eight per cent per an-num, I promise to pay Jonas Hoffman tlie sum of three thousand dollars for value received. Witness my hand and seal, this -day of-, 1875. James 0. Moore. [Seal.] ” On the back of the note are signed the names of J. H. Wilson, Jr., Wilson, Moore & Co., E. C Wilson and E. A. Osborne. On the trial it…
1Opinion of the CourtSmith, C. J.
The question to be solved is simply this: What liability is incurred by a person who not being in privity with the written contract, writes his name on the back of a negotiable security before its delivery to the payee, and if open to explanation upon whom does the burden of proof rest?
There is great diversity of opinion in the rulings of the courts and among elementary writers upon the point. By some of the authorities he is held to be liable as a second endorser; by others that he is a guarantor only of the debt; by some that he is a surety, and by the larger number that he must be regarded…
2Cases cited4 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Rey v. SimpsonSupreme Court of the United States · 1860
- Mendenhall v. . DavisSupreme Court of North Carolina · 1875
- Baker v. . Robinson .Supreme Court of North Carolina · 1869
3Cited by6 opinions
- Fourth National Bank v. WilsonSupreme Court of North Carolina · 1915
- Lilly v. . BakerSupreme Court of North Carolina · 1883
- Bank v. Swink.Supreme Court of North Carolina · 1901
- Bank v. . SimpsonSupreme Court of North Carolina · 1884
- Barden v. . HornthalSupreme Court of North Carolina · 1909
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