Sanders v. . Mayo
Supreme Court of North Carolina
Civil actioN, tried before Kerr, J., and a jury, at April Term, 1923, of Nash. On 24 May, 1919, the defendant executed and delivered to the plaintiff four promissory notes, under seal, in the aggregate sum of $5,782.50, with interest from the respective dates of maturity. The defendant admitted the execution of the notes, but denied liability on the ground that they had been procured by fraud.
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Civil actioN, tried before Kerr, J., and a jury, at April Term, 1923, of Nash. On 24 May, 1919, the defendant executed and delivered to the plaintiff four promissory notes, under seal, in the aggregate sum of $5,782.50, with interest from the respective dates of maturity. The defendant admitted the execution of the notes, but denied liability on the ground that they had been procured by fraud. The verdict was as follows: “1. Did the defendant execute the notes sued upon? Answer : ‘Yes.’ ' “2. What’amount is due thereon? Answer: ‘$5,782.50 and interest, as appears on face of the four notes.’…
1Opinion of the CourtAdams, J.
The defendant alleged that the consideration of the notes sued on was fifty-five shares of stock held by the plaintiff in the Farm-ville Lumber Company, a corporation; that prior to the execution of the notes the plaintiff had managed and controlled the business of the company and knew how much it owed; that the defendant, at the time he purchased the stock, made specific inquiry as to the indebtedness, and was told- by the plaintiff that the debts outstanding were only $6,500; that he relied upon this statement, and afterwards found it to be false and fraudulent, the indebtedness being in…
2Cases cited10 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- May v. . LoomisSupreme Court of North Carolina · 1905
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Leonard v. Southern Power Co.Supreme Court of North Carolina · 1911
- Bell v. HarrisonSupreme Court of North Carolina · 1920
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3Cited by4 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Gray v. EdmondsSupreme Court of North Carolina · 1950
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Currie v. . MalloySupreme Court of North Carolina · 1923