Acme Manufacturing Co. v. McCormick
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at February Term, 1918, of RobesoN. Tbis is an action on a note executed by tbe defendant to John W. . Ward for $2,500, dated 19 April, 1915, and payable 15 October, 1915. The defendant admitted that the plaintiff was the equitable owner of the note, but denied that it was transferred to the plaintiff before maturity.
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Appeal by defendant from Connor, J., at February Term, 1918, of RobesoN. Tbis is an action on a note executed by tbe defendant to John W. . Ward for $2,500, dated 19 April, 1915, and payable 15 October, 1915. The defendant admitted that the plaintiff was the equitable owner of the note, but denied that it was transferred to the plaintiff before maturity. The defendant alleged in his answer as a defense: 1. That it was agreed between the defendant and .the said Ward, at the time of the execution of the note, that he, the said Ward, would hold the note and accept the interest on the same…
1Opinion of the CourtAllen, J.
The first defense relied on, that there was a contemporaneous agreement that the defendant would not be required to pay the note according to its terms and that the time to pay the principal would be extended upon the payment of interest, cannot be allowed because in direct contradiction of the written promise to pay.
In Hilliard v. Newberry, 153 N. C., 109, defendant relied upon an alleged oral contemporaneous agreement extending the time of payment beyond that shown by the face of the note sued on, and the Court said:
“As heretofore stated, the obligation sued upon, in addition, contains a…
2Cases cited8 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Leaksville-Spray Institute v. MebaneSupreme Court of North Carolina · 1914
- Bank v. Moore.Supreme Court of North Carolina · 1905
- Kernodle v. WilliamsSupreme Court of North Carolina · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cook v. Bankers Life & Casualty Co.Supreme Court of North Carolina · 1991
- Consolidated Vending Co. v. TurnerSupreme Court of North Carolina · 1966
- Roebuck v. . CarsonSupreme Court of North Carolina · 1929
- Warren v. Littleton Orange Crush Bottling Co.Supreme Court of North Carolina · 1933
- Thomas v. . Carteret CountySupreme Court of North Carolina · 1921
14 more not listed; retrieve them via the Exa API.