Hatcher v. . McMorine
Supreme Court of North Carolina
This was an action of debt, brought upon the defendant’s indorsement of a single bond made by Asa and' Isaiah Roger son, for $500, payable to the defendant; and on nil debet pleaded, the cause was tried before Martin, Judge, at Pasquotank, on the last circuit, when the case was, that Asa Bogerson had drawn a bill upon' Garrison and Ford, of Norfolk, for glOOO, payable to the plaintiff who indorsed it to the defendant, by whom it was indorsed to the office of the Bank of the…
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This was an action of debt, brought upon the defendant’s indorsement of a single bond made by Asa and' Isaiah Roger son, for $500, payable to the defendant; and on nil debet pleaded, the cause was tried before Martin, Judge, at Pasquotank, on the last circuit, when the case was, that Asa Bogerson had drawn a bill upon' Garrison and Ford, of Norfolk, for glOOO, payable to the plaintiff who indorsed it to the defendant, by whom it was indorsed to the office of the Bank of the United States at Norfolk. At its maturity this bill was protested, and the drawer and acceptor having become insolvent,…
1Opinion of the Court
HewdersoN, Chief-Justice
This case may be deter-mined without the aid of the principle established in the / case of Daniel v. McRae, (2 Hawks 590,) to-wit: that in bills or notes for the accommodation of the drawer orí maker, prior and posterior indorsers stand in equal dc-{ gree as co-sureties, without any express contract to that’effect, if at the time of their respective indorsements they knew that it was accommodation paper, for the benefit of the drawer or maker, and that nothing was paid for or upon the indorsement. For. this case states, that Ro-gerson, the maker of the note, had before…
2Cited by2 opinions
- State v. . HolmesSupreme Court of North Carolina · 1897
- Daniel v. . McRaeSupreme Court of North Carolina · 1823