Norfolk National Bank v. Griffin
Supreme Court of North Carolina
Civil actiok, tried before Whitaker, J., at Spring Term, 1890, of Pasquotakk Superior Court. A jury trial was waived, and the Judge found the following facts: W. J. Griffin and W. 0. Temple were partners, under the firm name of Griffin & Temple.
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Civil actiok, tried before Whitaker, J., at Spring Term, 1890, of Pasquotakk Superior Court. A jury trial was waived, and the Judge found the following facts: W. J. Griffin and W. 0. Temple were partners, under the firm name of Griffin & Temple. On the 23d March, 1889, the said W. J. Griffin and W. 0. Temple, as individuals, and the other defendants, W. S. Temple and J. R. Etheridge, executed a promissory note, as follows: “ Sixty days after date, we, jointly and severally, promise to pay Griffin & Temple, negotiable and payable without offset, at the Norfolk National Bank, four hundred…
1Opinion of the Court
Clark, J.:
A bond made payable to the obligor is Amid. Pearson v. Nesbit, 1 Dev., 315; Justices v. Shannonhouse, 2 Dev., 6; Justices v. Armstrong, 3 Dev., 285. A bond is a deed, and no man can execute and deliver a deed to himself.
“According to common law principles, a promissory note made payable by a person to himself creates of itself no liability upon him to pay it. This is so, not for the reason that it is contraiy to public policy, immoral or illegal, but because a person cannot contract with himself.” Jenkins v. Bass (Ky.), 11 S. W. Rep., 293. Indeed, there is no contract till such…
2Cases cited1 opinion
- Jenkins v. BassCourt of Appeals of Kentucky · 1889
3Cited by1 opinion
- Pettyjohn v. National Exchange BankSupreme Court of Virginia · 1903