Denny v. . Palmer
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rockingham County, at the Spring Term, 1845, his Honor Judge Caldwell, presiding.
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Appeal from the Superior Court of Law of Rockingham County, at the Spring Term, 1845, his Honor Judge Caldwell, presiding. This was an action of assumpsit against the indorser of a promissory note, upon which, according to the statement of the presiding judge, the facts appeared to be as follows; In the year 1837, Rawlins and Coleman, a mercantile firm in Danville in Virginia, were very heavily indebted to the Bank of Virginia and the Farmers Bank of Virginia-, at their offices at that place, upon bills of exchange and promissory notes, drawn and made by Rawlins and Coleman, and em dorsed by…
1Opinion of the CourtRuffin, C. J.
We think his Honor went much further than the occasion authorized, in leaving it to the jury to find, that.the, defendant might have received notice directed to him at Danville and put into the post office there, as soon as if it had been directed to him at Reidsville; or that Coleman was the agent of the defendant to renew the notes, and receive notice of their dishonor; or that the defendant had a fill I knowledge of the laches of the Bank, in not duly giving him notice and with such knowledge assumed to pay or renew the notes. For there was no evidence, on which the, jury could have found…
2Cases cited3 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
3Cited by3 opinions
- Barber v. William Absher Co.Supreme Court of North Carolina · 1918
- National Bank of Asheville v. BradleySupreme Court of North Carolina · 1895
- Smith v. . McLeanSupreme Court of North Carolina · 1817