Cherokee County v. . Meroney
Supreme Court of North Carolina
Civil actiost, tried before Adams, J., at April Term, 1917, of Cherokee. Plaintiff sued upon an unsealed note given by B. B. Meroney and tbe seven other defendants, on 3 March., 1914, for $448.75, due twelve months after date, with interest at 6 per cent per annum. Judgment was entered in favor of the plaintiff, and the defendants appealed.
1Opinion of the CourtWalker, J.
The defense was, and defendants propose to show, that the note did not express the true contract between the parties, and that instead of being an unconditional promise to pay the amount of money specified in the note at the time stated, there was a very different agreement, in substance and effect, and as a part of the alleged agreement it was stipulated at the time that the defendants would not be required to pay until they had sold certain real estate. The plaintiffs held a judgment against defendants, as sureties of one T. N. Bates, former sheriff of the county, who defaulted in the…
2Cases cited13 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
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