Coffey v. . Reinhardt
Supreme Court of North Carolina
Civil action, tried before Boykin, J., and a jury, at .January Special Term, 1894, of Caldwell Superior Court. The defendant AY. P. Reinhardt testified that he signed the two notes hereinafter set out as surety, and his evidence was not contradicted. The plaintiff testified that at the time he became the owner of the said notes he had no knowledge or notice that said AY. P. Reinhardt was surety thereon.
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Civil action, tried before Boykin, J., and a jury, at .January Special Term, 1894, of Caldwell Superior Court. The defendant AY. P. Reinhardt testified that he signed the two notes hereinafter set out as surety, and his evidence was not contradicted. The plaintiff testified that at the time he became the owner of the said notes he had no knowledge or notice that said AY. P. Reinhardt was surety thereon. Pie testified that he purchased said notes before their maturity and for full value; that some time before suit was brought (the exact time not fixed by the evidence) from certain…
1Opinion of the Court
Clark, J.:
The lapse of three years protects the surety on a sealed instrument. Welfare v. Thompson, 83 N. C., 276. Although the bond is joint and several on its face it can be shown by parol that a party thereto is a surety. *511The Code, §2100; Brandt on Surety, sections 29 and 30. When the suretyship does not appear upon the face of the bond, the surety must show that it was known to the creditor to obtain protection by the lapse of three years. Goodman v. Litaker, 84 N. C., 8; Torrence v. Alexander, 85 N. C., 143. When the suretyship is known to the original payee the surety is protected by…
2Cases cited7 opinions
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- Capell v. . LongSupreme Court of North Carolina · 1881
- Goodman v. . LitakerSupreme Court of North Carolina · 1881
- Lewis v. . LongSupreme Court of North Carolina · 1889
- Lauman, Hedges & Co. v. NicholsSupreme Court of Iowa · 1863
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