Meyers Co. v. Battle
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at tbe April Term, 1915, of Guileokd. Civil action tried upon these issues: 1. Did tbe defendant place bis signature upon tbe notes sued on as original promisor and not as indorser? Answer: Yes. 2. Were tbe notes sued on properly and legally presented for payment? Answer: N>. 3. Was notice of dishonor and nonpayment given to defendant, as required by law? Answer: Yes. 4. Was presentment for payment waived on tbe part of tbe defendant?…
Read the full summary
Appeal by plaintiff from Lyon, J., at tbe April Term, 1915, of Guileokd. Civil action tried upon these issues: 1. Did tbe defendant place bis signature upon tbe notes sued on as original promisor and not as indorser? Answer: Yes. 2. Were tbe notes sued on properly and legally presented for payment? Answer: N>. 3. Was notice of dishonor and nonpayment given to defendant, as required by law? Answer: Yes. 4. Was presentment for payment waived on tbe part of tbe defendant? Answer: No. 5. Was notice of dishonor and nonpayment waived on tbe part of defendant? Answer: Yes. 6. What, if anything, is…
1Opinion of the CourtBeowN, J.
This action is brought to recover of tbe defendant as indorser on two notes executed by tbe Southern Trading Stamp Company by J. T. J. Battle, payable at tbe Commercial National Bank, and indorsed by said Battle by writing bis-name across tbe back.
Tbe plaintiff undertook to prove by parol evidence that defendant signed as an original promisor and not as an indorser. We suppose by tbe term “original promisor” is meant that defendant signed either as principal or surety, so as to dispense with notice of nonpayment as well as presentation in order to charge him.
We think bis Honor erred in…
2Cases cited2 opinions
- Houser v. . FayssouxSupreme Court of North Carolina · 1914
- J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
3Cited by12 opinions
- Case v. McKinnisOregon Supreme Court · 1923
- Dillard v. Farmers Mercantile Co.Supreme Court of North Carolina · 1925
- Gillam v. . WalkerSupreme Court of North Carolina · 1925
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- Wrenn v. Lawrence Cotton Mills, Inc.Supreme Court of North Carolina · 1929
7 more not listed; retrieve them via the Exa API.