Battery Park Bank v. Loughran
Supreme Court of North Carolina
Civil ActioN upon six promissory notes executed by defendant payable to J. B. Bostic, wbo after maturity lodged them as collaterals to secure a debt he owed the plaintiff bank, tried before CohlCj J., upon exceptions to report of referee, filed by plaintiff, at November Term, 1899, of BuNCOMbe Superior Court. By an amendment to his answer the defendant set up as a defense an entire failure of consideration, and there was a reference to ascertain the facts.
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Civil ActioN upon six promissory notes executed by defendant payable to J. B. Bostic, wbo after maturity lodged them as collaterals to secure a debt he owed the plaintiff bank, tried before CohlCj J., upon exceptions to report of referee, filed by plaintiff, at November Term, 1899, of BuNCOMbe Superior Court. By an amendment to his answer the defendant set up as a defense an entire failure of consideration, and there was a reference to ascertain the facts. There was some evidence tending to establish the defense, and the referee reported the facts as contended for by defendant. The plaintiffs…
1Opinion of the CourtMontgomery, J.
This action was commenced originally for the recovery of the amount due by the defendant on six promissory notes, three of them payable two year's from date, and three of them three years from date, which he, with two others, had executed to the plaintiff Bostic, and which Bostic had assigned as collateral security to the plaintiff bank for a debt which he owed it. Afterwards- Bostic made an assignment of his property, including his equitable interest in these notes, to the other defendant J. Gr. Merrimon, as trustee. The considerations upon which these notes were executed was not stated in…
2Cases cited2 opinions
- Taylor v. . RussellSupreme Court of North Carolina · 1896
- Battery Park Bank v. LoughranSupreme Court of North Carolina · 1898
3Cited by8 opinions
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Holland v. . DulinSupreme Court of North Carolina · 1934
- Barnes v. . CrawfordSupreme Court of North Carolina · 1931
- Sykes v. . EverettSupreme Court of North Carolina · 1914
- Rogers v. Gennett Lumber Co.Supreme Court of North Carolina · 1910
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