Patton v. . Carr
Supreme Court of North Carolina
Civil aotion by W. E. Patton, as surviving partner and Receiver of the firm of W. F. Patton, Sons & Go., of Dan-ville, Ya., against the defendant on a note endorsed by Mm for the accommodation of C. IT. Conrad a deceased partner of said firm, tried before Greene, J., at March Term, 1895, of Durham SuperiorCourt, a jury trial being waived.
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Civil aotion by W. E. Patton, as surviving partner and Receiver of the firm of W. F. Patton, Sons & Go., of Dan-ville, Ya., against the defendant on a note endorsed by Mm for the accommodation of C. IT. Conrad a deceased partner of said firm, tried before Greene, J., at March Term, 1895, of Durham SuperiorCourt, a jury trial being waived. Upon the facts agreed, the material parts of which appear in the opinion of Furohes, J., his Honor gave judgment for the plaintiff for $5,000 and defendant appealed.
1Opinion of the Court
Furches, J.:
Counsel, in their well considered arguments, presented this case in several aspects; but we are of the opinion that a correct solution of the whole controversy depends on a few well defined principles of commercial law and of equity.
C. H. Conrad and the plaintiff, Patton, were partners, doing a banking business in Danville, Va., and Conrad, on the 17th of March, 1893, executed a note payable to the defendant Carr for $5,000, due four months after date, which Carr, at the request and for the accommodation of Conrad, endorsed. Soon thereafter Conrad presented this note at the…
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