Legal Opinion · Dissent

Liverman v. Cahoon

Supreme Court of North Carolina

Decided October 11, 1911Published

Appeal by plaintiff from O. II. Allen, J., at Spring Term, 1911, of TYRRELL. Tie facts are sufficiently stated in tie opinion of tie Court by Mr. Chief Justice Clark.

1DissentWalkek, J.

Tbe bond in tbis ease was executed by Liverman and Gaboon, as joint obligors, on 21 June, 1904, and they promised to pay tbe sum of $600 to John W. Sykes on 21 August, 1904. When Liverman gave bis check to Sykes tbe latter indorsed tbe note to Liverman without recourse.

Tbe plaintiff, W. E. Liverman, testified as follows: When tbe note fell due tbe said Gaboon came to me and said that tbe note was due, and wanted to know if I would not arrange to *190take it up aud pay it; said be was not prepared tben to pay it, and asked me to take it up and bold tbe same until be could pay bis part of it, wbicb…

2Cases cited32 opinions

  1. Murtha v. . CurleyNew York Court of Appeals · 1882
  2. Neely v. JonesWest Virginia Supreme Court · 1880
  3. Orem v. WrightsonCourt of Appeals of Maryland · 1879
  4. Condry v. . CheshireSupreme Court of North Carolina · 1883
  5. McGean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892

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