Lane v. . Richardson
Supreme Court of North Carolina
This is an appeal from the refusal of his Honor, Shipp, J., to strike from the record in this action the names of certain parties and their pleadings, at October Term, 1888, of ChathaM Superior Court. a The plaintiff's action is to recover the balance due on a note under seal for five hundred dollars executed to one J. B. Harris on March 31,1887, by the defendant Jesse Richardson, due one day after date, and bearing interest from date at the rate of eight per cent per annum…
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This is an appeal from the refusal of his Honor, Shipp, J., to strike from the record in this action the names of certain parties and their pleadings, at October Term, 1888, of ChathaM Superior Court. a The plaintiff's action is to recover the balance due on a note under seal for five hundred dollars executed to one J. B. Harris on March 31,1887, by the defendant Jesse Richardson, due one day after date, and bearing interest from date at the rate of eight per cent per annum and endorsed by the payee to the plaintiff J. R. Lane. Endorsed upon the instrument is a partial payment of one hundred…
1Opinion of the CourtSmith, C. J.
(after stating the case.) We are unable to see how tiie presence of Harris in the action betweeen his en-dorsee and the debtor and solely in aid of the latter in resisting the counter claim can affect the controversy, since the transfer carries with it the rights and equities of the endorser in whose place the plaintiff stands. But without deciding the point we can not entertain the appeal at this stage of the proceedings. Harris was allowed to become a defendant and put in an antagonistic answer to Richardson and in support of the plaintiff, after which ineffectual resisten ce is offered to…
2Cases cited1 opinion
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
3Cited by9 opinions
- City of Raleigh v. EdwardsSupreme Court of North Carolina · 1951
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Bernard v. Shemwell.Supreme Court of North Carolina · 1905
- Barbee v. . CannadySupreme Court of North Carolina · 1926
- Joyner v. Champion Fiber Co.Supreme Court of North Carolina · 1919
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