National Bank of Asheville v. Sumner
Supreme Court of North Carolina
Civil ACTION on a note, tried before Hohe, J., and a jury, at April, 1896, Special Term of Bu:ncombe Superior Court. The essential facts appear in the opinion of Associate Justice Fueohes. Defendant appealed from the judgment rendered against him.
1Opinion of the Court
Fueoiuss, J.:
The defendant Sumner was owing the plaintiff bank some $1,600 or more. The defendant held a note on Bostic & Cobb for about $1,000. The defendant, in satisfaction of his note, transferred and endorsed the Bostic — Cobb note to the. plaintiff, and paid the plaintiff the balance of his indebtedness in . currency. Bostic & Cobb are badly insolvent, and this action is brought on the Bostic — Cobb noteand the defendant’s endorsement thereon. There was a judgment for the plaintiff and appeal by defendant Sumner.
There were no exceptions taken on the trial, nor on a motion for a new…
2Cases cited8 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- State v. . GradySupreme Court of North Carolina · 1880
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- State v. . JonesSupreme Court of North Carolina · 1887
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