Bank v. . Simpson
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1883, of Mecklenburg Superior Court, before Gilmer, J. The action is against the defeudaut, as endorser of two promissory notes, one executed on August 13, 1879, by the partnership of Cureton, Audrey & Co., for $2,000, payable at thirty clays, the other executed by the partnership of Stevens & Cureton on December 12, 1877, for $2,500, also due at thirty days, the former drawn payable to the defendant and endorsed .by him alone, the latter…
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Civil Action tried at Fall Term, 1883, of Mecklenburg Superior Court, before Gilmer, J. The action is against the defeudaut, as endorser of two promissory notes, one executed on August 13, 1879, by the partnership of Cureton, Audrey & Co., for $2,000, payable at thirty clays, the other executed by the partnership of Stevens & Cureton on December 12, 1877, for $2,500, also due at thirty days, the former drawn payable to the defendant and endorsed .by him alone, the latter drawn payable to the defendant and one William Stevens and jointly endorsed. The parties all reside in South Carolina and…
1Opinion of the Court
SMITH, C. J.,
after stating the case. The first exception taken by the appellant is to the refusal of the court to charge the jury, as was requested, that there ivas no evidence of the reservation of the right to proceed against the defendant, or, if there was, it is contained in a correspondence, and the force and effect of which should have been declared by the court as a matter of law.
Examining the accompanying exhibits upon which the objection rests, if sufficient to show indulgence, it manifests an equally clear purpose not to surrender, and to retain full rights against the surety, in…
2Cases cited6 opinions
- Barnet v. National BankSupreme Court of the United States · 1879
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1877
- First National Bank of Charlotte v. Lineberger, Rhyne & Co.Supreme Court of North Carolina · 1880
- Wilkins v. DavisDistrict Court, D. Massachusetts · 1876
- Hoffman v. . MooreSupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Guernsey v. Imperial Bank of CanadaCourt of Appeals for the Eighth Circuit · 1911
- Commercial Credit Corporation v. Robeson MotorsSupreme Court of North Carolina · 1956
- Ingersoll v. . LongSupreme Court of North Carolina · 1838