Southwest National Bank v. Justice
Supreme Court of North Carolina
Appeal from Biggs, J., at July Term, 1911, of Mitchell. Civil action to recover a balance alleged to be due on a promissory note for $1,400. Issue prepared as follows: Are defendants indebted to plaintiffs, and if so, in what amount ? At the close of testimony, the court having intimated his intention to charge the jury that on the evidence, if accepted by the jury, they would answer the issue No, plaintiff excepted, submitted to a nonsuit and appealed.
1Opinion of the Court
Hohe; J.
Plaintiff bank, holding a note for $1,400 on defendant, purporting to be due 1 August, 1909, with interest from 23 April, 1906, payable annually and on which there was a credit of $168 of date 11 August, 1908, sent the same for collection to the Mitchell County Bank of Bakersville, N. C., about two weeks before same was due. At maturity the cashier of the latter bank presented same for payment, which was refused and the note was duly protested and returned to plaintiff. There-uj)on the note was again sent by plaintiffs to Mitchell County Bank for collection, was again presented, when…
2Cases cited6 opinions
- Scholl v. BellCourt of Appeals of Kentucky · 1907
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- Aydlett v. . BrownSupreme Court of North Carolina · 1910
- Armstrong v. . LononSupreme Court of North Carolina · 1908
- Harris v. . DelamarSupreme Court of North Carolina · 1844
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3Cited by15 opinions
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- Exum v. . R. R.Supreme Court of North Carolina · 1911
- Branch Banking & Trust Company v. GillSupreme Court of North Carolina · 1975
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