Langston v. Brown
Supreme Court of North Carolina
1Opinion of the Court
-Shaep, J.
The demurrers to th-e complaints pose this question: Does the .provision in the notes- that the holder “.shall hav-e full power and authority” upon default to sell -the stock pledged .as security “it being understood and- -agreed that after such sale” the maker shall not -be liable for .any deficiency, require the holder to enforce collection by a sale of .the -collateral?
This question must ¡be answered by reference only to the complaint and the note Which is made a part thereof. We may not consider the “testimony” contained in -both briefs. If, .at the time of the execution .and…
2Cases cited4 opinions
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Sykes v. . EverettSupreme Court of North Carolina · 1914
- Carroll v. . BrownSupreme Court of North Carolina · 1948
- Fidelity Bank v. HesseeSupreme Court of North Carolina · 1934
3Cited by2 opinions
- NCNB National Bank of North Carolina v. GutridgeCourt of Appeals of North Carolina · 1989
- North Carolina National Bank v. GillespieCourt of Appeals of North Carolina · 1976