Barber v. William Absher Co.
Supreme Court of North Carolina
Appeal by plaintiff from Garter, J., at tbe October Term, 1917, of Wilkes. Tbis is an action' on a note executed by tbe defendant, tbe W. M. Absber Company, a corporation, and'indorsed by tbe defendants, E. E. Forrester and J. II. Johnson. Tbe Absber Company makes no defense. Tbe defendants Forrester and Johnson rely on tbe defenses of failure to give them notice of dishonor and tbe statute of limitations.
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Appeal by plaintiff from Garter, J., at tbe October Term, 1917, of Wilkes. Tbis is an action' on a note executed by tbe defendant, tbe W. M. Absber Company, a corporation, and'indorsed by tbe defendants, E. E. Forrester and J. II. Johnson. Tbe Absber Company makes no defense. Tbe defendants Forrester and Johnson rely on tbe defenses of failure to give them notice of dishonor and tbe statute of limitations. A jury trial was waived and bis Honor found tbe following facts: “1. That W. M. Absber Company, on 21 April, 1910, executed tbe ' following note to W. W. Barber, to wit: “$800 — One year…
1Opinion of the CourtAlleN, J.
Tbe findings of fact by tbe judge, a jury trial being waived, are as conclusive as tbe verdict of a jury (Matthews v. Fry, 143 N. C., 384), and we must therefore deal with tbe legal questions presented by tbe appeal, accepting as being established that tbe defendants Forrester -and Johnson signed tbe note sued on as endorsers; that no notice of dishonor has been given to either of them; that more than three years elapsed after tbe maturity of tbe note before this action was commenced; that tbe payments on tbe note were made by tbe maker, and upon these facts it is clear that these defendants…
2Cases cited8 opinions
- Matthews v. Fry.Supreme Court of North Carolina · 1906
- Green v. Greensboro Female CollegeSupreme Court of North Carolina · 1880
- J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
- Ijames v. . GaitherSupreme Court of North Carolina · 1885
- Wood v. . BarberSupreme Court of North Carolina · 1884
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