Rouse v. Wooten.
Supreme Court of North Carolina
Action by N. J. Rouse and another against Shade Wooten, heard by Judge W. B. Allen and a jury, at the November Term, 1905, of the Superior Court of Denote. From a judgment for the plaintiffs, the defendant appealed. The action was- brought to recover the amount of a note payable to the plaintiff and signed by E. A. Hinson, as principal, and the defendant as surety.
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Action by N. J. Rouse and another against Shade Wooten, heard by Judge W. B. Allen and a jury, at the November Term, 1905, of the Superior Court of Denote. From a judgment for the plaintiffs, the defendant appealed. The action was- brought to recover the amount of a note payable to the plaintiff and signed by E. A. Hinson, as principal, and the defendant as surety. The issues submitted to the jury with their answers thereto were as follows: “1. Did the defendant execute the note sued on for value ? Ans: Yes. 2. If so, did he execute said note as surety ? Ans. Yes. 3. If so, was this fact…
1Opinion of the CourtWalker, J.
The defendant’s contention is that be was discharged from liability on the note by reason of the fact that be was not given due notice of its dishonor, and be relies upon section 2239 of the Revisal to sustain bis position. It appears from the face of the paper, that it is a note and not a bill, and that defendant was not either a drawer or endorser, who are alone mentioned in that section. The jury in their verdict find that be was simply a surety. His counsel in their brief refer to section 2213 to show that defendant is not primarily liable on the note, but be is not in any sense an…
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