Johnson v. . Hooker
Supreme Court of North Carolina
AotioN of Assumpsit, tried before his Honor Judge Manly, at the Eall Term, 1854, of Cumberland Superior Court. John A. McDonald, owing Peter P. Johnson for a bill of goods, gave him a note of hand worded as follows: « Fayetteville, N. O., Nov. 20th, 1850. " $259 08. Ninety days after date, I promise to pay Peter P. “ Johnson or order, two hundred and fifty-nine dollars and “ sixty-eight cts., for value received : Negotiable and paya- “ ble at the Branch Bank of the State of…
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AotioN of Assumpsit, tried before his Honor Judge Manly, at the Eall Term, 1854, of Cumberland Superior Court. John A. McDonald, owing Peter P. Johnson for a bill of goods, gave him a note of hand worded as follows: « Fayetteville, N. O., Nov. 20th, 1850. " $259 08. Ninety days after date, I promise to pay Peter P. “ Johnson or order, two hundred and fifty-nine dollars and “ sixty-eight cts., for value received : Negotiable and paya- “ ble at the Branch Bank of the State of North Carolina, or “ at the bank of Fayetteville, at the option of the holder.” (Signed,) John A. McDonald. The note was…
1Opinion of the CourtPuaesoN, J.
The act of 1827, Eev. Stat. ch. 13, sec. 10, makes an endorser liable to the holder of a note as surety. The effect is to put him on the footing of a maker of the note, and to make his liability to the holder the same as if his name was on the face of the note instead of being on the back. Thus an endorser is brought within the decision, made at this term, Nichols v. Pool, ante 23. If a note be payable at a particular time and place, a clemaúd at the time and place need not be averred or proven in an action by the holder against the maker: A failure to make it can only be used by way of…
2Cited by7 opinions
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
- Houser v. . FayssouxSupreme Court of North Carolina · 1914
- Garrett v. . ReevesSupreme Court of North Carolina · 1899
- Moore v. . CarrSupreme Court of North Carolina · 1898
- Crawford v. . LytleSupreme Court of North Carolina · 1874
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