Legal Opinion

Gillam v. . Walker

Supreme Court of North Carolina

Decided February 25, 1925PublishedCited by 13 opinions

1Opinion of the CourtOlabKSON, J.

The main questions in this suit are: (1) Were M. B. Gillam and Robert P. Walker sureties on the W. C. Spruill note, and can Gillam sue Walker for contribution? (2) Can this fact be shown by parol evidence?

The defendant Walker contends that the note speaks for itself; that Gillam is an “accommodation maker” and Walker an “accommodation endorser”; that Gillam’s liability is primary to that of Walker, and that when he paid the note, he did so voluntarily in discharge of that liability, thereby discharging the note, and that he cannot now call upon Walker for contribution; that parol evidence is…

2Cases cited5 opinions

  1. Houser v. . FayssouxSupreme Court of North Carolina · 1914
  2. J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
  3. Fourth National Bank v. WilsonSupreme Court of North Carolina · 1915
  4. Meyers Co. v. BattleSupreme Court of North Carolina · 1915
  5. Shuford v. . CookSupreme Court of North Carolina · 1913

3Cited by13 opinions

  1. Dillard v. Farmers Mercantile Co.Supreme Court of North Carolina · 1925
  2. Lancaster v. StanfieldSupreme Court of North Carolina · 1926
  3. Sykes v. . EverettSupreme Court of North Carolina · 1914
  4. Lancaster v. . StanfieldSupreme Court of North Carolina · 1926
  5. Corporation Commission v. . WilkinsonSupreme Court of North Carolina · 1931

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