Woodbury v. . King
Supreme Court of North Carolina
Appeal from Ferguson, J., at August Term, 1910, of Oher-OKEE. The plaintiff sued the defendant upon the following note: $1,500. MuRphy, N. C., 16 January, 1906. Sixty days after date I promise to pay to the order of W. H. Woodbury $1,500, at the Bank of Murphy, Murphy, N. C., for value received. Received and subject to contract of 16 May, 1904. We, the makers and indorsers, waive demand, protest and notice.
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Appeal from Ferguson, J., at August Term, 1910, of Oher-OKEE. The plaintiff sued the defendant upon the following note: $1,500. MuRphy, N. C., 16 January, 1906. Sixty days after date I promise to pay to the order of W. H. Woodbury $1,500, at the Bank of Murphy, Murphy, N. C., for value received. Received and subject to contract of 16 May, 1904. We, the makers and indorsers, waive demand, protest and notice. All demands and offsets against payee herein named are waived in favor of any bona fide holder. (Signed) A. W. KiNG. Tbe defendant, admitting tbe execution of tbe note, rested bis defense…
1Opinion of the Court
Manning, J.,
after stating the case: The paper-writing of 16 May, 1904, purporting to be a deed executed by W. H. Wood-bury, the plaintiff, as attorney in fact of H. A. Woodbury, and the defendant, was not properly executed to bind H. A. Wood-bury, because it was not signed and sealed by his attorney in fact eo nomine, but only by W. H. Woodbury individually. It was conceded by the defendant to be good as a contract to convey, and it was by its express language not considered effective as a deed, for it stipulates for deeds to be executed proportionately to the property described as the…
2Cases cited18 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Kares v. CovellMassachusetts Supreme Judicial Court · 1902
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
- McCroskey v. LaddCalifornia Supreme Court · 1892
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3Cited by2 opinions
- Ramsey v. . DavisSupreme Court of North Carolina · 1927
- Etheridge v. . VernoySupreme Court of North Carolina · 1874