Lewis v. . Long
Supreme Court of North Carolina
Civil action, tried before Graves, J., at Spring Term, 1888, of Halifax Superior Court. The case was submitted upon the following case agreed: This is a civil action, commenced before a Justice of the Peace, on the 2d day of April, 1888, and upon judgment in favor of the plaintiff, the defendant, W. W. Long, appeals to the Superior Court The action is brought upon a note, under seal, which is as follows: “1100.00. On or before the 1st daj1- of November, 1883, we, or either…
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Civil action, tried before Graves, J., at Spring Term, 1888, of Halifax Superior Court. The case was submitted upon the following case agreed: This is a civil action, commenced before a Justice of the Peace, on the 2d day of April, 1888, and upon judgment in favor of the plaintiff, the defendant, W. W. Long, appeals to the Superior Court The action is brought upon a note, under seal, which is as follows: “1100.00. On or before the 1st daj1- of November, 1883, we, or either of us, promise to pay to J. M. Grizzard or order, the sum of one hundred dollars, for value received. Witness our hands…
1Opinion of the CourtShepherd, J.
Whether a joint promisor may show by parol that he signed only as surety, has been the subject of conflicting decisions, both in England America. That he can do so in this State, where the payee has notice, is well settled. Capell v. Long, 84 N. C.. 16; Goodman v. Litaker, 84 N. C., 8; Welfare v. Thompson, 83 N. C., 276.
But such a defence cannot be made against a bona fide holder without notice. Randolph Com. Paper, § 907; Daniel Neg. Inst., §1388; Edwards’ Bills and Notes, vol. 2, 692; Goodman v. Litaker, supra.
The note sued upon was under seal, but was endorsed, and is “ to be regarded, so…
2Cases cited4 opinions
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- Harris v. . BurwellSupreme Court of North Carolina · 1871
- Tredwell v. . BlountSupreme Court of North Carolina · 1882
- Goodman v. . LitakerSupreme Court of North Carolina · 1881
3Cited by9 opinions
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
- Causey v. . SnowSupreme Court of North Carolina · 1898
- Hill v. WardIndiana Court of Appeals · 1910
- Standing Stone National Bank v. WalserSupreme Court of North Carolina · 1913
- Bank v. . WalserSupreme Court of North Carolina · 1913
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