Legal Opinion

Ellis v. Mullen

Court of Appeals of North Carolina

Decided November 2, 1977No. 7627SC1049PublishedCited by 4 opinions

1Opinion of the Court

CLARK, Judge.

The four drafts were attached as exhibits, and there appeared on the back of each draft the following provision:

“Endorsement of this draft constitutes full and complete settlement of any and all claims arising out of the loss or occasion referred to on the face of this draft.”

On the face of the draft in the sum of $681.00 payable to plaintiff alone there appears the following: “In FULL SETTLEMENT OF ALL CLAIMS AGAINST JUNE R. HERNDON RESULTING IN AN ACCIDENT OCCURRING 11/19/72 AT OR NEAR KINGS MOUNTAIN, N.C.” Plaintiff’s endorsement on the back consisted of his printed name,…

2Cases cited3 opinions

  1. W. R. Grace & Co. v. StricklandSupreme Court of North Carolina · 1924
  2. Hinson v. JeffersonCourt of Appeals of North Carolina · 1973
  3. Sexton v. LilleyCourt of Appeals of North Carolina · 1969

3Cited by4 opinions

  1. Wachovia Bank & Trust Co., N.A. v. BounousCourt of Appeals of North Carolina · 1981
  2. LC Williams Oil Co., Inc. v. Exxon Corp.District Court, M.D. North Carolina · 1985
  3. Cotto v. Hess Oil Virgin Islands Corp.District Court, Virgin Islands · 1985
  4. Sandoval v. Pillowtex Corp.Court of Appeals of North Carolina · 2007

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