Bank v. Carr.
Supreme Court of North Carolina
Aotiow by State Bank of Chicago against J. S. Carr, heard by Judge Walter H. Neal and a jury, at January Term, 1902, of the Superior Court of Durham County. Erom a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, J.
It was not error to refuse to submit the issue ■ tendered, whether the defendant was accommodation endorser and surety. That inquiry should have no bearing in this action, for the plaintiff could sue any endorser without joining the maker or other endorser. Bank v. Carr, 121 N. C., 113 ; Moore v. Carr, 123 N. C., 426; Bank v. Lumber Co., 123 N. C., 26; and as there is only one defendant, the principle in Parrish v. Graham, 129 N. C., 230, does not apply, for that was an adjustment of the rights of defendants as between themselves, as provided by The Code, Sec. 424.
Exceptions 2 and 3 are to…
2Cases cited5 opinions
- Moody v. . JohnsonSupreme Court of North Carolina · 1893
- First National Bank v. Eureka Lumber Co.Supreme Court of North Carolina · 1898
- Ducker v. . WhitsonSupreme Court of North Carolina · 1893
- National Bank v. CarrSupreme Court of North Carolina · 1897
- Parrish v. Graham.Supreme Court of North Carolina · 1901
3Cited by13 opinions
- State v. TilleySupreme Court of North Carolina · 1954
- McKay v. . BullardSupreme Court of North Carolina · 1941
- State v. . CogdaleSupreme Court of North Carolina · 1946
- State v. . BuckSupreme Court of North Carolina · 1926
- State v. CobbSupreme Court of North Carolina · 1913
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