Legal Opinion

Martin v. Bank of Fayetteville

Supreme Court of North Carolina

Decided October 14, 1902PublishedCited by 15 opinions

ActioN by J. E. and 0. A. Martin against the Bank of Fayetteville, heard by Judge W. 8. O’B. Robinson and a jury, at March Term, 1902, of the Superior Court of Oum-BEitLANi) County. From a judgment for the defendant, the plaintiffs appealed.

1Opinion of the CourtFuRoiies, C. J.

The plaintiffs executed a note to I. Luther for $1,100, which he endorsed for plaintiffs (as we suppose, though the. case does not say so1), and they had it nego tiated at the Bank of Fayetteville. This, we think, is shown from the fact that the note ivas made to Luther, endorsed by him, was negotiated at the bank, and plaintiffs made a mortgage to Luther to secure him as such endorser.

The plaintiffs paid the interest on the note until about 1889 or 1890, ivhen Luther, as mortg’agee, sold the land, and ihe defendant bank became the purchaser at the price of $1,500, and Luther made the bank a…

2Cases cited9 opinions

  1. State v. FullerSupreme Court of North Carolina · 1894
  2. Garrett v. . TrotterSupreme Court of North Carolina · 1871
  3. Robeson v. . HodgesSupreme Court of North Carolina · 1890
  4. Allen v. Carolina Central Railway Co.Supreme Court of North Carolina · 1897
  5. Sams v. . PriceSupreme Court of North Carolina · 1896

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3Cited by15 opinions

  1. Sykes v. Boone.Supreme Court of North Carolina · 1903
  2. Lassiter v. Railroad Co.Supreme Court of North Carolina · 1904
  3. Davis v. DavisCourt of Appeals for the D.C. Circuit · 1938
  4. Perdue v. Pacific Telephone & Telegraph Co.Oregon Supreme Court · 1958
  5. Samonds v. CloningerSupreme Court of North Carolina · 1925

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