Wooten v. . Sherrard
Supreme Court of North Carolina
Civil action, tried before Glarke, J., at the January (Special) Term, 1872, of Wayne Superior Court. Plaintiff brought bis action upon tbe following bond, given, to bis intestate : “ With interest from date, we promise to pay Waitmore Thompson the sum of twenty hundred dollars, for value received. Oct. 6th, 1862. Signed, JOPIN V. SHERRARD, [Seal.] WM.
Read the full summary
Civil action, tried before Glarke, J., at the January (Special) Term, 1872, of Wayne Superior Court. Plaintiff brought bis action upon tbe following bond, given, to bis intestate : “ With interest from date, we promise to pay Waitmore Thompson the sum of twenty hundred dollars, for value received. Oct. 6th, 1862. Signed, JOPIN V. SHERRARD, [Seal.] WM. LEWIS, [Seal.] JOHN COLEY, [Seal.] Upon which a payment of $60, was indorsed January 12th, 1867, and also another payment of $134. September 16th, 1869. The defendants did not deny the exetíution of the bond ; but alleged that the note was given…
1Opinion of the CourtRodman, J.
The complaint alleges, that on the 6th October, 1862, Sherrard borrowed of Thompson $2,700 in Confederate money, and gave him a note for that sum payable on demand in dollars generally, to which Lewis and Coley were sureties. Some small payments were made on the note in 1867 and 1869, but a residue remains due. The plaintiff is administrator of Thompson.
The answer admits the execution of the note, and that it has not been paid in full, but says that at the making of the note it was agreed between Thompson and Sherrard, that the latter might pay it at any time within twelve months after its…
Also in this document: Per curiam.
2Cases cited5 opinions
- Terrell v. . WalkerSupreme Court of North Carolina · 1871
- Parker v. . CarsonSupreme Court of North Carolina · 1870
- Summers v. . McKaySupreme Court of North Carolina · 1870
- Cohen v. WardSupreme Court of Georgia · 1871
- Patton v. . HuntSupreme Court of North Carolina · 1870
3Cited by4 opinions
- Dr. Shoop Family Medicine Co. v. DavenportSupreme Court of North Carolina · 1913
- Bank of Charlotte v. DavidsonSupreme Court of North Carolina · 1874
- Wooten v. . SherrardSupreme Court of North Carolina · 1874
- Phillips v. . HookerSupreme Court of North Carolina · 1867