Carrington & Co. v. Waff
Supreme Court of North Carolina
Civil action, tried before Shuford, J., at Spring Term, 1892, of Chowan Superior Court, on appeal from .Justice’s Court. Plaintiffs introduced and proved the execution of defendant’s promissory note for $125, payable to them, and rested. Defendant introduced a contract, the execution of which by him as party of the second part, and by the plaintiffs as parties of the first part, was admitted.
Read the full summary
Civil action, tried before Shuford, J., at Spring Term, 1892, of Chowan Superior Court, on appeal from .Justice’s Court. Plaintiffs introduced and proved the execution of defendant’s promissory note for $125, payable to them, and rested. Defendant introduced a contract, the execution of which by him as party of the second part, and by the plaintiffs as parties of the first part, was admitted. The contract bore same date as the note sued on, and provided as follows: “ That the said parties of the first part, having established a permanent industry in Edenton, county of Chowan, for the purpose…
1Opinion of the Court
MaoRaic, J.:
Plaintiffs brought their action upon a promissory note, negotiable on its face, but which had not been assigned and was in the hands of the original payees, and therefore subject to any defences which the maker might have against it.
The action being before a Justice of the Peace, the pleadings were in the short form used in such Courts and the answer simply denied that defendant was indebted to the plaintiffs, or that they were entitled to judgment against him.
On the trial in the Superior Court the defendant relied upon the contemporaneous agreement (set out in the case as “…
2Cited by10 opinions
- Kindler v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933
- Martin v. . Mask.Supreme Court of North Carolina · 1912
- American Agricultural Chemical Co. v. GriffinSupreme Court of North Carolina · 1932
- Farrington v. . McNeillSupreme Court of North Carolina · 1917
- Bresee v. . CrumptonSupreme Court of North Carolina · 1897
5 more not listed; retrieve them via the Exa API.