Legal Opinion

Patton v. . Carr

Supreme Court of North Carolina

Decided September 5, 1895PublishedCited by 5 opinions

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…

2Cited by5 opinions

  1. Mfg. Co. v. . BlaylockSupreme Court of North Carolina · 1926
  2. Robinson Manufacturing Co. v. BlaylockSupreme Court of North Carolina · 1926
  3. Gastonia v. . Engineering Co.Supreme Court of North Carolina · 1902
  4. Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
  5. Nelson v. WilliamsSupreme Court of North Carolina · 1838

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