Legal Opinion

Cowan v. Roberts

Supreme Court of North Carolina

Decided March 22, 1904PublishedCited by 31 opinions

AotioN by Cowan, McClung and Company against W. 5. Roberts, heard by Judge W. A. Hohe and a jury, at May, Term, 1903, of the Superior Court of Buncokbe County. This action was brought to recover the sum of two thousand dollars alleged to be due by the defendant on a guaranty.

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AotioN by Cowan, McClung and Company against W. 5. Roberts, heard by Judge W. A. Hohe and a jury, at May, Term, 1903, of the Superior Court of Buncokbe County. This action was brought to recover the sum of two thousand dollars alleged to be due by the defendant on a guaranty. The firm of Roberts Brothers, on April 9, 1899, was indebted to the plaintiffs, who were merchants, in the sum of $1,742.60 for goods theretofore sold and delivered and were desirous of making further purchases, but the plaintiffs refused to sell any other goods to them unless they would secure by a guaranty their then…

1Opinion of the Court

Walker, J.,

after stating the c&se. The defendant’s counsel in his able argument before us relied upon three grounds of defense: 1. That there was no evidence that the plaintiffs had accepted the guaranty and notified the defendant of their acceptance. 2. That there was no consideration to support the guaranty as to the debt already due by Roberts Brothers to the plaintiffs amounting to $1,-142.50. 3. That the guaranty was given upon a condition which was never performed, and that it is therefore void even in the hands of the plaintiffs.

A guaranty is a promise to answer for the payment of some…

2Cases cited13 opinions

  1. Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
  2. City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
  3. State Ex Rel . Barnes v. . LewisSupreme Court of North Carolina · 1875
  4. Crook v. CowanSupreme Court of North Carolina · 1870
  5. Jenkins v. . WilkinsonSupreme Court of North Carolina · 1890

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3Cited by31 opinions

  1. Investment Properties of Asheville, Inc. v. NorburnSupreme Court of North Carolina · 1972
  2. O'Grady v. First Union National BankSupreme Court of North Carolina · 1978
  3. Voorhees v. Porter.Supreme Court of North Carolina · 1904
  4. Gillespie v. DeWittCourt of Appeals of North Carolina · 1981
  5. Wachovia Bank & Trust Co. v. CliftonSupreme Court of North Carolina · 1932

26 more not listed; retrieve them via the Exa API.

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