Sykes v. Everett
Supreme Court of North Carolina
Appeal by defendant from Lyon, Jat May Term, 1914, of Durham:. This action was brought to recover the sum of $10,144.50, a¿ due upon four several notes indorsed in blank by the defendant.
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Appeal by defendant from Lyon, Jat May Term, 1914, of Durham:. This action was brought to recover the sum of $10,144.50, a¿ due upon four several notes indorsed in blank by the defendant. The case was referred to Hon. Howard A. Foushee, who made his report, in which, after finding the facts and stating his conclusions of law therefrom, recommended that judgment be rendered in favor of the plaintiffs, and against th§ defendants, for $10,144.50, the amount due on the notes, with interest on $7,144.50 from 20 March, 1911, and on $3,000 from 8 April, 1911, until paid, together with the costs of…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe larger part of tbe argument before us was taken up with a full discussion of tbe question whether a blank indorsement by tbe payee, or one of tbe payees, to a third party can be explained by oral evidence showing what tbe special contract between them was, and that it was different from tbe one implied by law from tbe mere indorsement of tbe paper. This is a question of evidence, and tbe admission of tbe oral proof could only be incompetent on tbe ground that it would vary, alter, or contradict tbe terms of a contract which tbe parties have reduced to…
2Cases cited44 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Typewriter Co. v. . Hardware Co.Supreme Court of North Carolina · 1906
- Rouse v. Wooten.Supreme Court of North Carolina · 1906
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3Cited by25 opinions
- Weil v. . HerringSupreme Court of North Carolina · 1934
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Yates v. BrownSupreme Court of North Carolina · 1969
- Perry v. First Citizens National Bank & Trust Co.Supreme Court of North Carolina · 1946
- Crafts v. Broadway National BankSupreme Court of Virginia · 1925
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