Silvey v. . Axley
Supreme Court of North Carolina
Civil actioN, tried before Graham, J., and a jury, at Spring Term, 1895, of Cherokee Superior Court. There was a verdict for the plaintiffs, and from the judgment thereon defendants appealed. The facts are fully stated in the opinion of Associate Justice MONTGOMERY.
1Opinion of the Court
Montgomery, J.:
The plaintiffs had a debt against the defendants, and the latter had assigned in writing to the plaintiffs two notes of one Branderth, due to the defendants, as a collateral security for the plaintiffs’ debt. The plaintiffs sued the defendants and the answer makes averment that in August, September dr October, 1893, Bran-derth could have secured on a saw-mill which he owned his two notes, and had agreed with the defendants that if they could get his notes sent to them by plaintiffs, who lived in Atlanta, Georgia, he would secure them ; that defendants wrote to plaintiffs in…
2Cases cited2 opinions
- john.W. Ellis v. . Samuel HusseySupreme Court of North Carolina · 1872
- Patton v. GarrettSupreme Court of North Carolina · 1895
3Cited by9 opinions
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Credle v. . AyersSupreme Court of North Carolina · 1900
- Sykes v. . EverettSupreme Court of North Carolina · 1914
- First Citizens Bank & Trust Co. v. MartinCourt of Appeals of North Carolina · 1979
- Underwood v. OtwellSupreme Court of North Carolina · 1967
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