Legal Opinion · Dissent

Garrett v. . Reeves

Supreme Court of North Carolina

Decided December 22, 1899Published

Civil Action upon a promissory note against the makers and endorser, tried before Goble, J.} at Eall Term, 1899, of the Superior Court of Haywood County. The note was payable twelve months after date, March 20, 1886, to defendant Erancis, and before maturity was endorsed and assigned to another, who transferred it by endorsement to the plaintiff.

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Civil Action upon a promissory note against the makers and endorser, tried before Goble, J.} at Eall Term, 1899, of the Superior Court of Haywood County. The note was payable twelve months after date, March 20, 1886, to defendant Erancis, and before maturity was endorsed and assigned to another, who transferred it by endorsement to the plaintiff. A number of payments were made upon it by A. J. Eeeves, the principal maker, beginning with April 21, 1887, and ending December 23, 1896. Three years had not elapsed between any two successive payments. This suit was commenced September 12, 1898. No…

1Dissent

EaiRcloth, O. J.,

dissenting. The question in this case is presented by the second issue: “Is the plaintiff’s right of action barred by the statute of limitations as to the defendant T. L. Erancis?” The jury answered, “Yes,” under the instruction of the Court.

Stripped of unnecessary words, the following are the facts stated in the case, and the record: On the 26th of March, 1886, A. I. Reeves and L. D. McD. Reeves, as principals, and K. Reeves and W. T. Reeves, as sureties, executed and delivered their note under seal, payable to T. L. Erancis 12 *536months after date, for value received. After…

2Cases cited9 opinions

  1. Green v. Greensboro Female CollegeSupreme Court of North Carolina · 1880
  2. Wood v. . BarberSupreme Court of North Carolina · 1884
  3. Harper v. . EdwardsSupreme Court of North Carolina · 1894
  4. Leduc v. . ButlerSupreme Court of North Carolina · 1893
  5. Long v. . MillerSupreme Court of North Carolina · 1885

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