Town of Franklin v. Franks

Payments made by the principal Franks did not deprive the endorser of the benefit of the defense of the bar of the statute of limitations. Hauser v. Fayssoux, 168 N. C., 1, 83 S. E., 692; Barber v. Absher Co., 175 N. C., 602, 96 S. E., 43; McIntosh North Carolina Practice and Procedure, p. 127.

The theory of the plaintiff is that the defense of the bar of the statute of limitations was not available to the defendant for two reasons: First, that the defendant was a member of the board of aldermen or town commissioners at the time the note was executed and endorsed by him, and consequently it…