Green v. Greensboro Female College
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of FrankliN Superior Court, before Seymour, I. This action is brought upon a promissory note in the foh lowing terms; GREENSBORO FEMALE COLLEGE, N. O.-, $2,000. Greensboro, N. C., Nov. 7th, 1872. Two years after date the Greensboro Female College, as principal, and N. H. D. Wilson, J. -A.' Cunninggim, H. N. -Snow, W. H. Hill, Cyrus P. Mendenhall, and-Seymour Steel, •as sureties, .promise to pay to Sarah Susan Jones, or order, the sum…
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Civil Action tried at Spring Term, 1880, of FrankliN Superior Court, before Seymour, I. This action is brought upon a promissory note in the foh lowing terms; GREENSBORO FEMALE COLLEGE, N. O.-, $2,000. Greensboro, N. C., Nov. 7th, 1872. Two years after date the Greensboro Female College, as principal, and N. H. D. Wilson, J. -A.' Cunninggim, H. N. -Snow, W. H. Hill, Cyrus P. Mendenhall, and-Seymour Steel, •as sureties, .promise to pay to Sarah Susan Jones, or order, the sum of two thousand dollars;, for value received, with interest from the date, at eight per cent, per annum, payable…
1Opinion of the Court
Smith, C. J.,
after stating: the facts-. The- sureties are discharged by the delay in bringing the action within three-years after the maturity of the note, (C. C. P., § 34,. Par. 1) unless the payments made in the meantime prevent that result under section 51. The sole question- then, is,, do- these- payments repel the statutory bar as to the sureties as well as to the principal in the note ?
The law is well settled by adjudications in England and in this state, that a partial payment by one of several makers of a promissory note given for a specific sum takes the case out of the statute as to…
2Cases cited1 opinion
- Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
3Cited by24 opinions
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- McDonald v. . DicksonSupreme Court of North Carolina · 1882
- Sayer v. . HendersonSupreme Court of North Carolina · 1945
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