Bank of Murphy v. Murphy Furniture Co.
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at November Term, 1914, of Cherokee. Civil action to recover on certain notes, aggregating $2,076.62, executed by the furniture company to one C. D. Mayfield, for lumber sold said company and by him discounted for value to plaintiff bank.
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Appeal by plaintiff from Justice, J., at November Term, 1914, of Cherokee. Civil action to recover on certain notes, aggregating $2,076.62, executed by the furniture company to one C. D. Mayfield, for lumber sold said company and by him discounted for value to plaintiff bank. Judgment by default was entered against the company, and it was claimed by plaintiff that the individual defendants were liable for this indebtedness by reason of the following contract signed by them and existent at the time plaintiff bank acquired the notes: “We, the undersigned stockholders (being also directors) of…
1Opinion of the CourtHoke, J.
In R. R. v. R. R., 147 N. C., 382, tbe Court, in speaking of tbe interpretation of written contracts which are sufficiently ambiguous to permit of construction, said: “It is well recognized that the object of all rules of interpretation is to arrive at the intention of the parties as expressed in the contract, and, in written contracts which permit of construction, tbis intent is to be gathered from the entire instrument”; and, after citing Page on Contracts, sees. 1105, 1106 and 1112, and Merriam v. U. S., 107 U. S., 441, the opinion further quotes with approval from Beach on the Modern Law…
2Cases cited2 opinions
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- George D. Witt Shoe Co. v. PeacockSupreme Court of North Carolina · 1909
3Cited by6 opinions
- Boswell v. BoswellSupreme Court of North Carolina · 1955
- Bank of Union v. RedwineSupreme Court of North Carolina · 1916
- Bank v. . RedwineSupreme Court of North Carolina · 1916
- Powell v. . McDonald.Supreme Court of North Carolina · 1935
- Edwards v. . Buena Vista Annex, Inc.Supreme Court of North Carolina · 1940
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