Penniman v. Alexander
Supreme Court of North Carolina
Civil action, tried at Spring Term, 1892, of Buncombe Superior Court, before Ploke, J. The plaintiff complained upon and offered in evidence a paper-writing, of which the following is a copy: October 13,1890. First payment on second house__$132 25 Payment next week.
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Civil action, tried at Spring Term, 1892, of Buncombe Superior Court, before Ploke, J. The plaintiff complained upon and offered in evidence a paper-writing, of which the following is a copy: October 13,1890. First payment on second house__$132 25 Payment next week. Second payment on first house — payment in about twenty days_ 66 13 Second payment on second house — payment in about thirty days- 66 12 $264 50 I authorize B. J. Alexander to pay the above amount to Penniman & Co., as specified above. Asheville, N. C., October 13, 1890. Tickets to be presented. (Signed), Johnathan Mooney.…
1Opinion of the Court
Burwell, J.:
It cannot be contended that the rights of the plaintiffs against the defendant are stronger than if he had given them his promissory note for the sum named in the writing on which this action is brought, instead of accepting the order as he did. If he had done so, that is, had given to plaintiffs his promissory note for the amount of the order, it would have been competent for him, if sued on the note by the payees, to prove that there was a collateral agreement between him and them to the effect that he should not be required to pay except upon the happening of certain events, or…
2Cases cited2 opinions
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Braswell v. . PopeSupreme Court of North Carolina · 1880
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- S. F. Bowser & Co. v. TarrySupreme Court of North Carolina · 1911
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