Rice v. . Jones
Supreme Court of North Carolina
Civil ACTION, tried at December Term, 1888, of the Superior Court of.BuNCOMBE County, before Merrimon, J. The following is a copy of the material part of the case settled on appeal.: On the 11th day of December, 1882, R. R. Jones, the intestate of the defendant J. R. Jones, executed his promissory note, under seal, to John S. Rice for three hundred dollars, to be due on the first day of August, 1883. In July, 1883, certain judgment creditors of John S. Rice instituted…
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Civil ACTION, tried at December Term, 1888, of the Superior Court of.BuNCOMBE County, before Merrimon, J. The following is a copy of the material part of the case settled on appeal.: On the 11th day of December, 1882, R. R. Jones, the intestate of the defendant J. R. Jones, executed his promissory note, under seal, to John S. Rice for three hundred dollars, to be due on the first day of August, 1883. In July, 1883, certain judgment creditors of John S. Rice instituted proceedings supplementary to execution against said John S. Rice, and caused to be issued from the Superior Court of Buncombe…
1Opinion of the CourtMerrimon, J.
(after stating the facts). It appears that the promissory note sued upon w'as indorsed to the plaintiff before it matured, and that he was the owner thereof. He was, therefore, entitled to recover the balance of the money due upon it — more than two hundred dollars — in this action, unless, as contended by the appellants, the proceedings had) affecting the maker thereof, in the proceeding supplementary to the execution mentioned, interfered with and obstructed the plaintiff’s right to maintain the action. Hence, it is necessary to ascertain what relation the maker of the note sustained to…
2Cases cited5 opinions
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Coates Bros. v. WilkesSupreme Court of North Carolina · 1886
- Ponton v. . Griffin, Bro. Co. .Supreme Court of North Carolina · 1875
- Shuler v. . BrysonSupreme Court of North Carolina · 1871
- Vegelahn v. . SmithSupreme Court of North Carolina · 1886
3Cited by3 opinions
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- Cornelius v. AlbertsonSupreme Court of North Carolina · 1956
- Ormond v. . MoyeSupreme Court of North Carolina · 1850