Leduc v. . Butler
Supreme Court of North Carolina
Civil ACTION, heard before Whitaker, J., at January Term, 1893, of CUMBERLAND Superior Court. The plaintiff sued on a note, with payments indorsed. The names of H. B. Butler and Daniel Butler are signed on the face of the note, and it was payable to the order of E. F. Moore, and was due .January 17, 1888, and Moore indorsed it to the bank.
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Civil ACTION, heard before Whitaker, J., at January Term, 1893, of CUMBERLAND Superior Court. The plaintiff sued on a note, with payments indorsed. The names of H. B. Butler and Daniel Butler are signed on the face of the note, and it was payable to the order of E. F. Moore, and was due .January 17, 1888, and Moore indorsed it to the bank. The suit was commenced July 8, 1891. Daniel Butler, one of the alleged makers, denied signing the note, and pleaded the statue of limitations. The other defendant filed no answer. Moore, indorser, made payments to the indorsee, bank, but no payment was made…
1Opinion of the Court
MacRais, J.:
The question is, Does payment by Moore, the original payee, to the bank, indorsee, repel the bar of the statute as to the makers of the note?
Before the Act of 1827 (The Code, §50) the liability of an indorser of a note was the same as that of the drawer of a bill. Presentment and notice of default were necessary to bind him. By force of the act above referred to, unless it was otherwise plainly expressed therein, the indorser became liable as surety to any holder. Boon after its passage a judicial construction became necessary of the words “liable as surety,” and it was declared…
2Cases cited6 opinions
- Green v. Greensboro Female CollegeSupreme Court of North Carolina · 1880
- Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
- Wood v. . BarberSupreme Court of North Carolina · 1884
- Moore v. . GoodwinSupreme Court of North Carolina · 1891
- Goodman v. . LitakerSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Houser v. . FayssouxSupreme Court of North Carolina · 1914
- Barber v. William Absher Co.Supreme Court of North Carolina · 1918
- Harper v. . EdwardsSupreme Court of North Carolina · 1894
- Edwards v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1917
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