Wester v. . Bailey
Supreme Court of North Carolina
Civil aotioN, tried, on appeal from the judgment of a justice of the peace, before Hoke, I, and a jury,, at October Special Term, 1895, of EeaNKliN Superior Court. There was judgment for the defendant Bailey (his co-defendant Parker making no defense), and plaintiff appealed. The facts appear in the opinion of Associate Justice Eueches.
1Opinion of the Court
Furches, J.:
This is an action of debt brought on the following paper writing : “ On the first day of November next we, or either of us, promise to pay A. B. Wester the sum of one hundred dollars with 8% interest from date. Given under our hands and seals this 12th day of April, 1892.” (Signed and sealed by J. T. Harper and S. H. Bailey.) At the time this paper was drawn and signed by Harper and Bailey, there was a blank left for the name of the payee, as it was not known at that time from whom the parties would get the money. The note in this condition was placed in the hands of defendant…
2Cases cited6 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Fulps v. . MockSupreme Court of North Carolina · 1891
- Isenhour v. . IsenhourSupreme Court of North Carolina · 1870
- Moore v. EdmistonSupreme Court of North Carolina · 1874
- Angier v. HowardSupreme Court of North Carolina · 1886
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3Cited by5 opinions
- Royster v. HancockSupreme Court of North Carolina · 1952
- Holyfield v. HarringtonSupreme Court of Kansas · 1911
- Moose v. . CrowellSupreme Court of North Carolina · 1908
- Angier v. . HowardSupreme Court of North Carolina · 1886
- Cowen v. . WilliamsSupreme Court of North Carolina · 1929