Piedmont Bank v. Wilson
Supreme Court of North Carolina
Civil AotioN for $400 due by note under seal, executed by defendant, Wilson, payable to the co-defendant, the Mor-ganton Manufacturing & Trading Co., and discounted by plaintiff Bank, tried before Coble, J., at Fall Term, 1898, of the Superior Court of Buses County. Plaintiff's Appeal. The answer of Wilson set -up matter in avoidance, equivalent to plea of payment of the whole debt.
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Civil AotioN for $400 due by note under seal, executed by defendant, Wilson, payable to the co-defendant, the Mor-ganton Manufacturing & Trading Co., and discounted by plaintiff Bank, tried before Coble, J., at Fall Term, 1898, of the Superior Court of Buses County. Plaintiff's Appeal. The answer of Wilson set -up matter in avoidance, equivalent to plea of payment of the whole debt. Upon' the evidence submitted and the charge of the Court the jury found the issue relating thereto in favor of the defendant, and judgment was rendered against the plaintiff, who appealed. The pleadings, issue,…
1Opinion of the Court
PLAINTIFF'S APPEAL. This is an action upon a promissory note executed by the defendant Wilson to his codefendants, The Manufacturing Company, and by it endorsed to the plaintiff. A payment on the note reduced the principal to $400, which is now due, with interest thereon.
The defendants in their answer contend: "That at the time the said note was executed, and when it was due, the plaintiff held a note on Isaac T. Avery and W. C. Erwin for the sum of $1,500 to be due 1 January, 1895, which he had assigned to Davis Wiley (563) Bank; that he had made an arrangement with said bank to allow him…
2Cases cited5 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Boykin v. Bank of FayettevilleSupreme Court of North Carolina · 1896
- National Citizens' Bank of New York v. Citizens' National Bank of RaleighSupreme Court of North Carolina · 1896
3Cited by1 opinion
- Commissioner of Banks Ex Rel. Citizens Bank v. WhiteSupreme Court of North Carolina · 1932