Hanner v. . Douglass
Supreme Court of North Carolina
Appeal from the Court of Equity of Guilford County. The bill states that one Schoolfield borrowed from the Bank of Capo Pear the sum of $450, for which he gave his negotiable note, with the defendant, Douglass, as surety, payable to the defendant, Jones, the cashier of the bank; that suit, was brought on the note by the bank, in the name of Jones, and judgment recovered against the makers,and that in that action the plaintiff was the special bail of Schooltield ; that.
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Appeal from the Court of Equity of Guilford County. The bill states that one Schoolfield borrowed from the Bank of Capo Pear the sum of $450, for which he gave his negotiable note, with the defendant, Douglass, as surety, payable to the defendant, Jones, the cashier of the bank; that suit, was brought on the note by the bank, in the name of Jones, and judgment recovered against the makers,and that in that action the plaintiff was the special bail of Schooltield ; that. Schooltield absconded from the State, and that (he creditor proceeded against the plaintiff as the bail, and got judgment…
1Opinion of the CourtBuikin, J.
The case was brought on in the Court below, in the proper manner; Smith v. Thomas 2 Dev. and Bat. Eq. 126, and the Court would concur with his Honor, if the points to which the exceptions relate were material. But it appears to the Court that they are immaterial and frivolous, and, therefore, ought to have been over-ruled. That respecting the entries in the bank books, is manifestly so; for, the debtor, being charged with the note, when the bank receives the money for it, whether it come as a payment from the debtor, or as the price from a purchaser, the account is credited by the cash,…
2Cited by7 opinions
- Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
- Tripp v. . HarrisSupreme Court of North Carolina · 1911
- Branch Banking & Trust Co. v. BoykinSupreme Court of North Carolina · 1926
- Bunker v. . LlewellynSupreme Court of North Carolina · 1942
- Pittman Ex Rel. Pittman v. SnedekerSupreme Court of North Carolina · 1965
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