Lynam v. . Califer
Supreme Court of North Carolina
Bill in equity, beard by Watts, ./., at Spring Term 1870, •of Granville Court. Tbe plaintiff stated that in 1866 be bad bargained to tbe defendant Califer a quantity of tobacco, at tbe price of $270; and that they applied to tbe defendant Long, to become, surety upon tbe note which Califer was to give; that Long agreed that if bis partner, tbe defendant Eeed, were willing, tbe firm name, “ Long & Co.,” might be signed thereto, and referred them to Eeed; and that having gone…
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Bill in equity, beard by Watts, ./., at Spring Term 1870, •of Granville Court. Tbe plaintiff stated that in 1866 be bad bargained to tbe defendant Califer a quantity of tobacco, at tbe price of $270; and that they applied to tbe defendant Long, to become, surety upon tbe note which Califer was to give; that Long agreed that if bis partner, tbe defendant Eeed, were willing, tbe firm name, “ Long & Co.,” might be signed thereto, and referred them to Eeed; and that having gone to Eeed,. who lived at some distance, be signed tbe name of tbe firm. He ais o stated that, by mistake and through…
1Opinion of the CourtSettle, J.
This was a bill in equity seeking to correct a mistake, by putting out of the way a seal which was attached to the signatures of a firm name; and also to en force the payment of the debt.
All questions of fact as well as of law were submitted, by agreement of parties, to the decision of his Honor. The facts found are fully set forth in the statement of the case transmitted to this Court, and clearly justify his Honor in decreeing the relief which he granted. Indeed the bill and answers (without regard to proofs, upon which his Honor also acted) make a strong case for relief. It is against…
2Cited by3 opinions
- Kornegay v. . EverettSupreme Court of North Carolina · 1888
- Allsbrook v. . WalstonSupreme Court of North Carolina · 1937
- Williams v. . TurnerSupreme Court of North Carolina · 1935