Hollingsworth v. . Tomlinson
Supreme Court of North Carolina
This was an appeal from a Justice’s judgment in a civil ACTION on a note for $175 due ninety days after November 5,1886, with, interest at eight per cent., tried before MacJRae, J., at November Term, 1890, of 'Cumberland Superior Court. The execution of the note was admitted, and also that the defendant Rosenthal and McQueen’s estate were sureties only, Tomlinson being principal on the note.
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This was an appeal from a Justice’s judgment in a civil ACTION on a note for $175 due ninety days after November 5,1886, with, interest at eight per cent., tried before MacJRae, J., at November Term, 1890, of 'Cumberland Superior Court. The execution of the note was admitted, and also that the defendant Rosenthal and McQueen’s estate were sureties only, Tomlinson being principal on the note. The following issue was submitted by consent of counsel: “ Was there an arrangement between the plaintiff and the principal debtor Tomlinson unknown to and not agreed to by the sureties, by which the…
1Opinion of the Court
Shepherd, J.:
The only issue submitted to the jury was as follows: “Was there any arrangement between the plaintiff and the principal debtor, Tomlinson, unknown to and not agreed to by the sureties by which the sureties are released from their obligation upon the note ? ”
His Honor held that there was no evidence of any such agreement, and the issue was answered in the negative.
It is true that the witness Tomlinson (the principal in the note) did not testify in express terms that there was an agreement to forbear for any definite time, but, considering the whole testimony, we think that there…
2Cases cited3 opinions
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