Farquhar Co. v. Hardy Hardware Co.
Supreme Court of North Carolina
Civil actioN, tried before O. H. Allen, J., and a jury, at March Term, 1917, of Halifax. Suit was brought by the plaintiff against the Hardy Hardware Company for the recovery of the amount of certain notes, described in the complaint and endorsed by the defendant, as follows; “For value received, we hereby guarantee the payment of, and endorse this promissory note, waiving protest and notice thereof, agreeing, in ease note is not paid at maturity by makers, to pay…
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Civil actioN, tried before O. H. Allen, J., and a jury, at March Term, 1917, of Halifax. Suit was brought by the plaintiff against the Hardy Hardware Company for the recovery of the amount of certain notes, described in the complaint and endorsed by the defendant, as follows; “For value received, we hereby guarantee the payment of, and endorse this promissory note, waiving protest and notice thereof, agreeing, in ease note is not paid at maturity by makers, to pay immediately the amount due thereon. Hardy Hardware Co.” These notes were given by the makers as part payment on the purchase price…
1Opinion of the Court
Walker, J.,
after stating the case: There is evidence to show that the machines were, if properly handled, fit for the purpose for which they were intended — that is, to pick peanuts. It would appear, upon the defendant’s own showing, that there was not a failure of consideration, and that the court was correct in submitting the case to the jury upon the evidence. There also was a separate consideration between the guarantor and the plaintiff, in that the guarantor received 25 per cent of the cash payment and was to receive 25 per cent of the notes in consideration of his handling the machines…
2Cases cited25 opinions
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Cowan v. RobertsSupreme Court of North Carolina · 1904
20 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
- Whitehurst v. . Fcx Fruit and Vegetable ServiceSupreme Court of North Carolina · 1944
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Standard Sand & Gravel Co. v. McClaySupreme Court of North Carolina · 1926
- Chiquita Mining Co. v. Fairbanks, Morse & Co.Nevada Supreme Court · 1940
15 more not listed; retrieve them via the Exa API.