Petree v. . Savage
Supreme Court of North Carolina
Appeal by defendants from Sham, J., at November Term, 1915, of Stokes. Civil action tried upon these issues: 1. Did tbe plaintiffs, other than John A. Bruton, trustee, pay off the notes in controversy and have the same assigned to said Burton, as trustee, for their benefit, as alleged in the complaint? Answer: “Yes.” 2. Were the defendants induced to execute the notes in question by reason of the false and fraudulent representations as alleged in the answer? Answer: “No.” 3.…
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Appeal by defendants from Sham, J., at November Term, 1915, of Stokes. Civil action tried upon these issues: 1. Did tbe plaintiffs, other than John A. Bruton, trustee, pay off the notes in controversy and have the same assigned to said Burton, as trustee, for their benefit, as alleged in the complaint? Answer: “Yes.” 2. Were the defendants induced to execute the notes in question by reason of the false and fraudulent representations as alleged in the answer? Answer: “No.” 3. Are the defendants indebted to the plaintiffs, and if so, in what amount? Answer: “Yes, as follows: B. J. Savage,…
1Opinion of the CourtBbowN, J.
The evidence tends to prove that plaintiffs and defendants are principal obligors on certain notes given for the purchase of a horse. The notes were duly indorsed to one Hairston before maturity, for value. After Hairston became the owner of all the notes, plaintiffs and defendants paid their proportionate part of the first note, and the three defendants, Bynum, Tuttle, and Savage, paid part of the second note, and also the interest on the third note, and no question was raised as to any irregularity, nor was any charge of fraud made. The payments reduced the unpaid notes to such an amount…
2Cases cited10 opinions
- Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Redmond v. . MullenaxSupreme Court of North Carolina · 1893
- Downs v. City of High PointSupreme Court of North Carolina · 1894
- Horner School v. . WescottSupreme Court of North Carolina · 1899
- Knight v. Taylor.Supreme Court of North Carolina · 1902
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3Cited by3 opinions
- Williams v. . WilliamsSupreme Court of North Carolina · 1924
- Bunker v. . LlewellynSupreme Court of North Carolina · 1942
- Williams v. GibsonSupreme Court of North Carolina · 1950