Morehead Banking Co. v. Morehead
Supreme Court of North Carolina
MotioN in tbe canse, after final decree certified from tbe Supreme Court, made before Brown, J., at October Term, 1899, of Dubi-iam Superior Court. Tbe motion was made by Mrs. Morebead, while yielding submission to tbe decision of tbe Supreme Court,'for leave to file an amendment to ber answer.
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MotioN in tbe canse, after final decree certified from tbe Supreme Court, made before Brown, J., at October Term, 1899, of Dubi-iam Superior Court. Tbe motion was made by Mrs. Morebead, while yielding submission to tbe decision of tbe Supreme Court,'for leave to file an amendment to ber answer. Tbe grounds of tbe motion, stated upon affidavit were that tbe note in suit and reduced to judgment was signed by ber as esécutrix of Eugene More-bead, and by tbe other defendants — that she submits to tbe decision of tbe court; that she is personally bound, and alleges that, the other defendants are…
1Opinion of the CourtMontgomery, J.
This action was originally commenced by tire plaintiff against Lucy L. Morehead, executrix of Eugene Morehead, deceased, Lucy L. Morehead, individually, B. L. Duke and Lucius Green, for the recovery of an amount due on a note, payable to the plaintiff. The note was the joint and several obligation, of Mrs. Morehead, executrix, Duke and Green, and made no allusion as to who was principal, and who was surety, if such relationship existed. It was sought to charge Mrs. Morehead personally because of her having executed the note as executrix. A judgment by default was taken against Green and Duke…
2Cases cited3 opinions
- Black v. . BlackSupreme Court of North Carolina · 1892
- Calvert v. . PeeblesSupreme Court of North Carolina · 1880
- Dobson v. . SimontonSupreme Court of North Carolina · 1888
3Cited by4 opinions
- Allen v. . GoodingSupreme Court of North Carolina · 1917
- Smith v. . MooreSupreme Court of North Carolina · 1909
- Morehead Banking Co. v. MoreheadSupreme Court of North Carolina · 1898
- State v. CaseySupreme Court of North Carolina · 1931