D. M. Gudger v. . A. E. Baird
Supreme Court of North Carolina
This was a civil action tried before His Honor Judge Henry, at Fall Term 1871, of the Superior Court of Buncombe county. The case was heard upon the complaint, answer, award and exceptions thereto.
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This was a civil action tried before His Honor Judge Henry, at Fall Term 1871, of the Superior Court of Buncombe county. The case was heard upon the complaint, answer, award and exceptions thereto. It appears from the record that one Yance was the guardian of the plaintiff’s wife and Robert Taylor, and that he lent money belonging to his wards to the firm of Smith, Baird & V anee, of which he was a member, a,nd wrote their note payable to himself, and endorsed by him to the plaintiff. Tbe defendant contended the note was valid. The case was ■ referred to Col. W. M. Cocke — the entry being in…
1Opinion of the CourtReade, J.
Upon the coming in of the complaint and answer, there was the following entry on the record:
“This case was referred, by consent of the parties, to W. M. Cocke, Sen., who shall summon the parties before him and. hear the case, and his award shall be a rule of Court. To report to the next term of the Court.”
And at the next term, said Cocke reported as follows:
“ The undersigned, to whose award and arbitrament the above mentioned case was referred by a rule of Court, begs leave to report, &c.” And then he states the facts as he finds-them. And then he says, “ from the foregoing facts I award,.…
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