First National Bank of Henderson v. Johnston
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at tbe May Term, 1915, of YaNCE. Civil action, brought to recover on tbe following promissory note: $600. HendeRSON, N. 0., March 30, 1914. Ninety days after date, for value received, I promise to pay to tbe First National Bank of Henderson, N. C., or order, six hundred dollars, negotiable and payable at said bank, with interest at tbe rate of six per cent per annum, after maturity, having deposited with said bank as collateral security…
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Appeal by plaintiff from Ferguson, J., at tbe May Term, 1915, of YaNCE. Civil action, brought to recover on tbe following promissory note: $600. HendeRSON, N. 0., March 30, 1914. Ninety days after date, for value received, I promise to pay to tbe First National Bank of Henderson, N. C., or order, six hundred dollars, negotiable and payable at said bank, with interest at tbe rate of six per cent per annum, after maturity, having deposited with said bank as collateral security for payment of this or any other liability or liabilities of ... to said bank, due or to become due, or which may…
1Opinion of the CourtBbown, J.
The following statutes are in point:
Revisal, 2289: “Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and each indorser, and any drawer or indorser to whom such notice is not given is discharged.”
Revisal, 2259: “Notice of dishonor may be waived either before the time of giving notice has arrived or after the omission to give due notice, and the waiver may be express or implied.”
Revisal, 2260: “Where the waiver is embodied in the instrument itself, it is binding upon all parties.”
R…
2Cases cited7 opinions
- Sheldon v. . HortonNew York Court of Appeals · 1870
- Houser v. . FayssouxSupreme Court of North Carolina · 1914
- Cady v. . BradshawNew York Court of Appeals · 1889
- Fourth National Bank v. WilsonSupreme Court of North Carolina · 1915
- Glaze v. FergusonSupreme Court of Kansas · 1892
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