Legal Opinion

Farmers' Bank of Roxboro v. Couch

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 4 opinions

Civil aotion, heard on appeal from a judgment of a justice of the peace, before Starhucli, J., at January, 1896, Special Term of PeksoN Superior Court. The action was on a note signed by R. E. Couch as principal and J. T. Walker and C. B. Brooks as sureties. The defendant Conch did not appeal from the justice’s judgment.

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Civil aotion, heard on appeal from a judgment of a justice of the peace, before Starhucli, J., at January, 1896, Special Term of PeksoN Superior Court. The action was on a note signed by R. E. Couch as principal and J. T. Walker and C. B. Brooks as sureties. The defendant Conch did not appeal from the justice’s judgment. By consent, his Honor found the facts as follows : “ That the defendants Walker and Brooks signed the note sued on, which was as follows: “ $75.00 Roxboro, December 20, 1892. “ Thirty days after date, I, R. E. Couch, principal, and J. T. Walker and C. B. Brooks, the other…

1Opinion of the Court

Clark, J.:

The note was signed jn December, 1892, and was made payable to the plaintiff bank. It was handed to-the president of the bank who received it individually and not as president, and advanced the money for the amount of the note, paying therewith certain claims in his hands-which he held as a lawyer against the principal in the note. The president intended to discount the note immediately at the bank, but forgot to do so till December, 1894.' This, though delayed, was a valid delivery. Parker v. McDowell, 96 N. C., 219, and similar authorities relied on by the defendants do not apply,…

2Cases cited1 opinion

  1. Spivey v. . GrantSupreme Court of North Carolina · 1887

3Cited by4 opinions

  1. Fitts v. A. F. Messick Grocery Co.Supreme Court of North Carolina · 1907
  2. Walters v. . RogersSupreme Court of North Carolina · 1930
  3. Rasberry v. . WestSupreme Court of North Carolina · 1933
  4. Rouss v. . KraussSupreme Court of North Carolina · 1900

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