First National Bank v. Eureka Lumber Co.
Supreme Court of North Carolina
Civil action to recover of the defendant the amount of two notes executed by the Washington Planing Mills to the defendant company, and which the plaintiff alleges the defendant endorsed and guaranteed to plaintiff, who discounted the notes for defendant, and defendant checked out the money; tried before Norwood, J., at February Term, 1898, of the Superior Court of Beaufort County.
Read the full summary
Civil action to recover of the defendant the amount of two notes executed by the Washington Planing Mills to the defendant company, and which the plaintiff alleges the defendant endorsed and guaranteed to plaintiff, who discounted the notes for defendant, and defendant checked out the money; tried before Norwood, J., at February Term, 1898, of the Superior Court of Beaufort County. The plaintiff claims that the Eureka Lumber Company, for value, endoi’sed and guaranteed to plaintiff the payment of both notes; that no part thereof has been paid to plaintiff, but that the whole thereof is due;…
1Opinion of the Court
Montgomery, J :
The plaintiff alleges in its complaint that the defendant company endorsed and guaranteed to the plaintiff the payment of the notes sued upon, the notes having been executed by the Washington Planing Mills to the defendant, and the counsel of the plaintiff in the conduct of the trial and in his argument, here, treated the- writing on the back of the notes as an endorsement and not as a guaranty. The defendants in their answer denied that they were either guarantors or endorsers of the notes, and aver that they simply sold the notes to the plaintiff. On the trial, however, the…
2Cases cited1 opinion
- Hix v. . DavisSupreme Court of North Carolina · 1873
3Cited by8 opinions
- Farmers State Bank v. HaunWyoming Supreme Court · 1924
- Bank v. Carr.Supreme Court of North Carolina · 1902
- Harrison v. Southern Railway Co.Supreme Court of North Carolina · 1933
- Page Trust Co. v. LewisSupreme Court of North Carolina · 1931
- Meyer v. JonesCalifornia Court of Appeal · 1916
3 more not listed; retrieve them via the Exa API.