Peoples National Bank v. McArthur
Supreme Court of North Carolina
Civil Action commenced before a justice of the ‘peace and tried on appeal at Spring Term, 1879, of CUMBERLAND Superior Court, before McKoy, J. The plaintiff endorsee brought this action before a justice of the peace against the defendant, John D. McArthur, the acceptor, and the other defendants composing the partnership firm of W. D. Smith & Co., as endorsers, to recover, the amount due on a draft of one E. Page for one hundred and thirty-five dollars, on which a payment of…
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Civil Action commenced before a justice of the ‘peace and tried on appeal at Spring Term, 1879, of CUMBERLAND Superior Court, before McKoy, J. The plaintiff endorsee brought this action before a justice of the peace against the defendant, John D. McArthur, the acceptor, and the other defendants composing the partnership firm of W. D. Smith & Co., as endorsers, to recover, the amount due on a draft of one E. Page for one hundred and thirty-five dollars, on which a payment of twenty-five dollars had been made and credited. The plaintiff entered a nolle prosequi, as to E. J. Hardin, one of the…
1Opinion of the Court
Smith, O. J.
The undertaking is executed by W. D. Smith and J. M. Smith (who constitute the firm) and E. J. Hardin, and is so drawn as to apply to the appellants as such whether a part or all of them appealed ; and with the explanatory amendment, is discharged by the plaintiff’s failure to obtain judgment against the principals in the superior court. It is not denied that the court possesses no power to alter the provisions of the contract or relax any one of its obligations; and while abstaining from this, it is not less a duty to make the record a truthful narrative of what occurred and to…
2Cases cited4 opinions
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- Cheatham v. . CrewsSupreme Court of North Carolina · 1879
- Brown, Daniel & Co. v. HawkinsSupreme Court of North Carolina · 1871
- Thomas v. . WomackSupreme Court of North Carolina · 1870
3Cited by2 opinions
- State v. . BordeauxSupreme Court of North Carolina · 1885
- Sellars Hosiery Mills v. Southern Railway Co.Supreme Court of North Carolina · 1917