Tyson v. Joyner.
Supreme Court of North Carolina
ActioN by M. E. Tyson against J. H. Joyner, beard by Judge J. L. Webb and a jury, at tbe March Term, 1905, of the Superior Court of Pitt County. This action was brought to recover on a bond for $200, executed in 1891 by defendant and payable to J. L. Little or order. Defendant alleged, and there was evidence tending to show, that he at the request of his brother, S. V. Joyner, signed the note for the accommodation of the latter, and gave a mortgage to secure it.
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ActioN by M. E. Tyson against J. H. Joyner, beard by Judge J. L. Webb and a jury, at tbe March Term, 1905, of the Superior Court of Pitt County. This action was brought to recover on a bond for $200, executed in 1891 by defendant and payable to J. L. Little or order. Defendant alleged, and there was evidence tending to show, that he at the request of his brother, S. V. Joyner, signed the note for the accommodation of the latter, and gave a mortgage to secure it. S. V. Joyner received the amount of the note less the discount. Little did not discount the note or pay any consideration for it,…
1Opinion of the Court
Walker, J.,
after stating the case: There was much argument as to whether the note or bond had been duly executed, that is, delivered, as Little did not accept it nor advance any money on it, but it is not necessary to discuss this matter as we thirds the defendant had virtually admitted its execution by the form of his answer, and the case was not tried below upon the theory that the note was not a completed instrument when it passed into the hands of Little and then by endorsement to Tyson. The only questions presented there related to the character of plaintiff’s ownership of the note and…
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