National Bank of Asheville v. Bradley
Supreme Court of North Carolina
Civil action, tried at December Term, 1894, of BuNooMbe Superior Court, before Boylcin, J. On the 10th day of October, 1891, the defendant Gilliam made his draft upon the Asheville Furniture and Lumber Company, payable to his own order, of which the following is a copy : “ $100. Asheville, N. C., October 10th, 1891. Ninety days after date pay to the order of A. W. Gilliam four hundred dollars, value received, and charge the same to account of A. W. Gilliam.
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Civil action, tried at December Term, 1894, of BuNooMbe Superior Court, before Boylcin, J. On the 10th day of October, 1891, the defendant Gilliam made his draft upon the Asheville Furniture and Lumber Company, payable to his own order, of which the following is a copy : “ $100. Asheville, N. C., October 10th, 1891. Ninety days after date pay to the order of A. W. Gilliam four hundred dollars, value received, and charge the same to account of A. W. Gilliam. To Asheville Furniture and Lumber Co., Asheville, N. 0. On the same day the draft was duly accepted by the drawee, payable at the…
1Opinion of the Court
Clark, J.:
The draft having been accepted, the drawee became primarily liable, and in the event of dishonor notice must be given to all those who are secondarily liable, as drawer and endorsers. Denny v. Palmer, 27 N. C., 610; Tiedman Com. Paper, Sec. 336; 3 Randolph Com. Paper, Sec. 1238; 2 Daniel Neg. Inst., Sec. 995 ; Code, Sec. 42 and 49. Notice of dishonor must be given to the drawer. Brown v. Teague, 52 N. C., 573. If it had been in fact accommodation paper, then, notwithstanding the form of the paper, the drawer would have been primarily liable and not entitled to notice, but the burden…
2Cases cited4 opinions
- Brittain v. JohnsonSupreme Court of North Carolina · 1827
- Denny v. . PalmerSupreme Court of North Carolina · 1845
- Brown v. . TeagueSupreme Court of North Carolina · 1860
- Hubbard v. . TroySupreme Court of North Carolina · 1841
3Cited by2 opinions
- Turner v. . ShufflerSupreme Court of North Carolina · 1891
- First National Bank v. WarlickSupreme Court of North Carolina · 1899