Baker v. . Robinson .
Supreme Court of North Carolina
Assumpsit, tried before Buxton, J., at Fall Term 1868 of the Superior Court of Cumberland. The suit was brought upon four promissory notes made by Robinson, and payable to Baker. At the time that they were-delivered to Baker they had upon them the endorsement of Myrover and Lutterloh, and it was in evidence that they intended thereby to become sureties to Robinson. No demand was made upon Robinson before bringing this suit.
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Assumpsit, tried before Buxton, J., at Fall Term 1868 of the Superior Court of Cumberland. The suit was brought upon four promissory notes made by Robinson, and payable to Baker. At the time that they were-delivered to Baker they had upon them the endorsement of Myrover and Lutterloh, and it was in evidence that they intended thereby to become sureties to Robinson. No demand was made upon Robinson before bringing this suit. For Myrover and Lutterloh it was insisted, below, that they were mere guarantors, and therefore, that a previous demand upon Robinson, with notice to them of his failure…
1Opinion of the CourtSettle, J.
The subject of this suit is four notes of hand, ■each in the following words and figures, to wit:
“ $362 50. WilmingtoN, N. C., Nov. 9th, 1866.
Ninety days after date I promise to pay Q-eorge B. Baker or bearer, three hundred and sixty dollars and fifty cents, for value received, with interest from date at 8 per cent.
(Signed) BENJ. BOBINSON.”
On the back of each, were endorsed in blank, the names of Henry L. Myrover and Thomas S. Lutterloh.
In interpreting contracts, we should endeavor to carry out the intention of the parties. It appears that the defendants, Myrover and Lutterloh, put their…
2Cases cited1 opinion
- Rey v. SimpsonSupreme Court of the United States · 1860
3Cited by8 opinions
- Southerland v. . FremontSupreme Court of North Carolina · 1890
- Fourth National Bank v. WilsonSupreme Court of North Carolina · 1915
- Adrian v. . McCaskillSupreme Court of North Carolina · 1889
- Hoffman v. . MooreSupreme Court of North Carolina · 1880
- Barden v. . HornthalSupreme Court of North Carolina · 1909
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