Legal Opinion

Fourth National Bank v. Wilson

Supreme Court of North Carolina

Decided April 7, 1915PublishedCited by 20 opinions

Appeal by defendant from Coolce, J., at October Term, 1914, of CUMBERLAND. Civil action to recover balance due on note of Cherokee Lumber Company, payable to plaintiff bank, on the back of which appeared name of defendant.

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Appeal by defendant from Coolce, J., at October Term, 1914, of CUMBERLAND. Civil action to recover balance due on note of Cherokee Lumber Company, payable to plaintiff bank, on the back of which appeared name of defendant. It was, among other things, admitted that plaintiff, for full value and before maturity, discounted the note signed by Cherokee Lumber Company, the same maturing 3 October, 1911, and that, at the time this was done, the name of defendant appeared on the back of the note, and no part of same was paid at maturity, and that the note with accrued interest" is still due, subject…

1Opinion of the Court

IIoke, J.,

after stating the case: We have given this case our most careful consideration and are of opinion that no reversible error has been shown. In Barden v. Hornthal, 151 N. C., pp. 8-10, speaking to the law as it existed prior to the time when the negotiable instrument act became effective, 8 March, 1899 (see Revisal 1905, sec. 2345), the Court said: “Viewed in that aspect, our decisions are to the effect that when a third person writes his name on the back of a negotiable instrument before delivery to the payee, and with a view to give additional credit to the maker, it is open to the…

2Cases cited9 opinions

  1. Good v. MartinSupreme Court of the United States · 1877
  2. Mathias v. O'NeillSupreme Court of Missouri · 1887
  3. J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
  4. Tredwell v. . BlountSupreme Court of North Carolina · 1882
  5. Baker v. . Robinson .Supreme Court of North Carolina · 1869

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3Cited by20 opinions

  1. State v. . WhitleySupreme Court of North Carolina · 1935
  2. Call v. StroudSupreme Court of North Carolina · 1950
  3. Reynolds v. Adams Express Co.Supreme Court of North Carolina · 1916
  4. Hutchins v. DavisSupreme Court of North Carolina · 1949
  5. State v. . SnipesSupreme Court of North Carolina · 1923

15 more not listed; retrieve them via the Exa API.

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