Rogers v. Bank of Oxford
Supreme Court of North Carolina
This was a civil action, tried at November Term, 1890, of Granville Superior Court, before MacRae, J. The plaintiffs executed to the defendant a bond, whereof the followdng is a copy: “$5,000. Oxford, N. C., Nov. 1,1886. “For value received, we, John B. Booth, J. F. Rogers and C. M. Rogers, hereby acknowledge ourselves jointly and severally bound to the Bank of Oxford in the sum of five thousand dollars, and hereby also bind our heirs, executors, administrators and assigns.
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This was a civil action, tried at November Term, 1890, of Granville Superior Court, before MacRae, J. The plaintiffs executed to the defendant a bond, whereof the followdng is a copy: “$5,000. Oxford, N. C., Nov. 1,1886. “For value received, we, John B. Booth, J. F. Rogers and C. M. Rogers, hereby acknowledge ourselves jointly and severally bound to the Bank of Oxford in the sum of five thousand dollars, and hereby also bind our heirs, executors, administrators and assigns. “Witness our hands and seals, the day and date above written. “The foregoing obligation is made to secure the Bank of…
1Opinion of the Court
Merrihon, C. J.:
The order of reference to find the material facts and state the necessary account was entered by the Court without objection from either of the parties. It was, therefore, entered by consent. The referee filed his report and the defendant, having filed exceptions thereto, they were overruled. There was a re-reference and an amended report. The Court approved the findings of fact. These findings are not reviewable here. Wadesboro v. Atkinson, 107 N. C., 317, and cases there cited. '
The plaintiffs did not formally file exceptions to the report of the referee, but at the term…
Also in this document: Dissent.
2Cases cited6 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Thornton v. . BradySupreme Court of North Carolina · 1888
- State v. . WatkinsSupreme Court of North Carolina · 1888
- Cobb v. . MorganSupreme Court of North Carolina · 1880
- Bush v. . HallSupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sloan v. Piedmont Fire InsuranceSupreme Court of North Carolina · 1925
- Anderson v. G. Heileman Brewing Co.Supreme Court of Minnesota · 1908