Goodman v. . Litaker
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1880, of Cabarrus Superior Court, before Seymour, J. On the 23d day of Sept., 1873, one J. L. Litaker and the defendant executed and delivered to the plaintiff a bond of which the following is a copy: Three months after date with interest at eight per eent., we promise to pay to H. M. Goodman or order, one hundred dollars for value received.”
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Civil Action tried at Fall Term, 1880, of Cabarrus Superior Court, before Seymour, J. On the 23d day of Sept., 1873, one J. L. Litaker and the defendant executed and delivered to the plaintiff a bond of which the following is a copy: Three months after date with interest at eight per eent., we promise to pay to H. M. Goodman or order, one hundred dollars for value received.” (Signed and sealed by J. L. and W. N. Litaker.) The action was brought in a justice’s court on the 5th day of January, 1880, against the defendant alone, the other maker being dead, and what the defence relied on was that…
1Opinion of the CourtRufKIN, J.
In the view we take of the case, it is not necessary that we should inquire how the defendant was affected, if at ail, by the paj'ments made by his co-obligor on the bond. Nor do we propose to discuss the correctness of the decision of this.court in the case of Welfare v. Thompson, 83 N. C., 276. For be these matters as they may, it is our conclusion that the ruling of His Honor was a proper one.
We find the authorities somewhat divided upon the point ns to whether a joint maker of a note may for any purpose be'shown by parol to be but a surety, when that fact does not appear on the face of…
2Cases cited2 opinions
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- Cole v. . FoxSupreme Court of North Carolina · 1880
3Cited by9 opinions
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- Busbee v. Commissioners of Wake CountySupreme Court of North Carolina · 1885
- Leduc v. . ButlerSupreme Court of North Carolina · 1893
- Lewis v. . LongSupreme Court of North Carolina · 1889
- Williams v. . GlennSupreme Court of North Carolina · 1885
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