Forbes v. . Sheppard
Supreme Court of North Carolina
Civil action, tried before Connor, Judge, at Fail Term, 1885, of Pitt Superior Court. There was a verdict and judgment in favor of the defendant Whitehead, from which the plaintiff appealed.
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Civil action, tried before Connor, Judge, at Fail Term, 1885, of Pitt Superior Court. There was a verdict and judgment in favor of the defendant Whitehead, from which the plaintiff appealed. The defendant Sheppard, as principal, and the defendant Whitehead, as surety, for money loaned to the former by the plaintiff on March 12th. 1881, to secure the same, executed to him their bond in the following form: On or before January 1st, 1882, we, or either of us, promise to pay to Alfred Forbes, or order, eight hundred and eighty dollars, with interest at eight per cent, from date, being for value…
1Opinion of the Court
Smith, C. J.,
(after stating the case). 1. Exception. Aside from the fact that the evidence of suretyship was received without objection at the time, we concur in his Honor’s ruling that it was competent, and is sustained by the following adjudications: Welfare v. Thompson, 83 N. C., 276; Cole v. Fox, Ib., 463; Goodman v. Litaker, 84 N. C., 8; Williams v. Glenn, 92 N. C., 253.
2 Exception. The effect of a contract for forbearance to sue for a fixed and limited period, founded on a sufficient consideration, with the principal, -without reserving the right to proceed against the surety, and made…
2Cases cited6 opinions
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- First National Bank of Charlotte v. Lineberger, Rhyne & Co.Supreme Court of North Carolina · 1880
- Scott v. . HarrisSupreme Court of North Carolina · 1877
- Goodman v. . LitakerSupreme Court of North Carolina · 1881
- Carter v. . DuncanSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sutton v. . WaltersSupreme Court of North Carolina · 1896
- National Bank of Asheville v. SumnerSupreme Court of North Carolina · 1896
- Farmers Co-Operative Fertilizer Co. v. EasonSupreme Court of North Carolina · 1927
- Hinton v. . GreenleafSupreme Court of North Carolina · 1893
- Fleming v. . BardenSupreme Court of North Carolina · 1900
9 more not listed; retrieve them via the Exa API.