Rouss v. . Krauss
Supreme Court of North Carolina
Civil Actioh upon a promissory note payable to plaintiff by F. A. Krauss and J. F. Clyburn, of the firm of Krauss & Clyburn, and their sureties W. H. Krauss and H. N. Clyburn; also upon a guaranty executed by same parties, tried before Allen, J., at January Term, 1900, of Umtow Superior Court. There was verdict, also judgment, against all the defendants. W. H. Krauss, one of the sureties, alone appealed, claiming that he had been released by the conduct of the plaintiff.
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Civil Actioh upon a promissory note payable to plaintiff by F. A. Krauss and J. F. Clyburn, of the firm of Krauss & Clyburn, and their sureties W. H. Krauss and H. N. Clyburn; also upon a guaranty executed by same parties, tried before Allen, J., at January Term, 1900, of Umtow Superior Court. There was verdict, also judgment, against all the defendants. W. H. Krauss, one of the sureties, alone appealed, claiming that he had been released by the conduct of the plaintiff. His grounds are reviewed and determined in the opinion.
1Opinion of the CourtClark, J.
This is an action upon a note signed by F. A. Krauss and J. F. Clyburn (wbo were partners as Krauss & Clyburn), W. IT. Krauss and H. N. Clyburn, for $1,300, to be held as collateral security for the indebtedness of said Krauss & Clyburn. The said Krauss & Clyburn, with the above two sureties, signed a cotemp oianeous agreement that said Krauss & Clyburn would remit 10 per cent per week upon the above indebtedness, and that said Kouss would permit the ordering of an equal amount of goods with remittance sent, and there is a stipulation that said Kouss could in his discretion grant extension of…
2Cases cited3 opinions
- National Bank of Asheville v. SumnerSupreme Court of North Carolina · 1896
- Farmers' Bank of Roxboro v. CouchSupreme Court of North Carolina · 1896
- Miller v. . WombleSupreme Court of North Carolina · 1898
3Cited by1 opinion
- Territory of New Mexico v. MillsNew Mexico Supreme Court · 1911