Warren v. . McLawhorn

The demurrers were properly overruled on authority of Buggy Co. v. Dukes, 140 N. C., 393, 52 S. E., 931, and Supply Co. v. Davis, 202 N. C., 56, 161 S. E., 734.

Plaintiff had his election to sue on the note, taken as security for the open accounts, or to return the collateral, when not paid at maturity, and sue on the original causes of action. Indeed, the exact liability of ~W. B. McLawhorn to plaintiff was not known at the time of the execution of the note, and plaintiff would not be able to recover from him more than the value of the merchandise sold and delivered, whether suit were brought…