Cecil v. . Henderson
Supreme Court of North Carolina
Civil actioN, tried before Coble, J., and a jury, at Fall Term, 1897, of _ Davidson Superior Court. There was a verdict for the plaintiff on the issues referred to in the opinion of this Court and defendant appealed from the judgment thereon.
1Opinion of the Court
This is an action on a sealed note executed by Loftin as the principal and the defendant as the surety, commenced on 1 August, 1895. The note is dated 15 September, 1888, on which the last payment was made 2 November, 1891. The court submitted these issues:
1. "Was the plaintiff induced to delay suit on the note at the special request of defendant for the accommodation and upon the promise of the defendant to pay the same and that he would not avail himself of the statute of limitations?" The jury answered, "Yes."
2. "Was said request and promise made in 1893, as alleged?" The answer was "Yes."
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2Cases cited10 opinions
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Haymore v. Commissioners of YadkinSupreme Court of North Carolina · 1881
- Hill v. Hilliard & Co.Supreme Court of North Carolina · 1889
- Daniel v. . Commissioners of EdgecombeSupreme Court of North Carolina · 1876
- Joyner v. . MasseySupreme Court of North Carolina · 1887
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3Cited by10 opinions
- Scheuer v. ScheuerNew York Court of Appeals · 1955
- Johnson v. LambSupreme Court of North Carolina · 1968
- Smith v. PateSupreme Court of North Carolina · 1957
- Holman v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1902
- State Ex Rel. Oliver v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1918
5 more not listed; retrieve them via the Exa API.