Legal Opinion

Horton v. . Wilson

Supreme Court of North Carolina

Decided May 15, 1918PublishedCited by 6 opinions

Appeal from justice of tbe peace, tried before Ferguson, J., at Fall Term, 1917, of YaNcey. From tbe judgment rendered, defendant appealed.

1Opinion of the CourtBbowN, J.

Plaintiff sues to recover of defendant as endorser on a note payable to defendant and endorsed to plaintiff. Tbe note was secured by a mortgage on a mare and mule. Tbe defense is lack of notice of dishonor. Tbe motion to nonsuit should have been sustained.

Tbe defendant, being an endorser, comes within tbe cases of Perry v. Taylor, 148 N. C., 862; Sykes v. Everett, 167 N. C., 600; Houser v. Fayssoux, 168 N. C., 1.

A surety is a maker of a note and is primarily liable for tbe debt, and is not entitled to notice of dishonor, while an endorser is liable conditionally, and does not undertake to pay…

2Cases cited2 opinions

  1. Houser v. . FayssouxSupreme Court of North Carolina · 1914
  2. Sykes v. EverettSupreme Court of North Carolina · 1914

3Cited by6 opinions

  1. Tar Heel Bond Co. v. KriderSupreme Court of North Carolina · 1940
  2. Wrenn v. Lawrence Cotton Mills, Inc.Supreme Court of North Carolina · 1929
  3. Federal Land Bank of Columbia v. WhitehurstSupreme Court of North Carolina · 1932
  4. Hyde v. . TathamSupreme Court of North Carolina · 1933
  5. Clark v. O'NealSupreme Court of Alabama · 1935

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API