Legal Opinion

New Bern Banking & Trust Co. v. Duffy

Supreme Court of North Carolina

Decided September 27, 1911PublishedCited by 20 opinions

Appeal by defendant from Ferguson, J., at May Term, 1911, of CRAVEN. The facts are sufficiently stated in the opinion of the Court by Mr. Justice ~Walicer.

1Opinion of the CourtWalker, J.

This is an action ujton a note, originally made by R. N. Duffy and A. C. Burnett to D. H. Green, and by the latter indorsed for value to the plaintiff. In a former suit we directed that a judgment be entered against R. N. Duffy and that the cause proceed against D. H. Green, for whom a new summons was issued and executed. A. C. Burnett has never been served with process and is, therefore, not a party to the suit so as to be bound by any judgment therein. The facts are stated in a case by the same title, 153 N. C., 62.

Defendant demurred to the complaint upon the following grounds: 1. That the…

2Cases cited18 opinions

  1. Blackmore v. . WindersSupreme Court of North Carolina · 1907
  2. Stokes v. . TaylorSupreme Court of North Carolina · 1889
  3. Harrington v. Commissioners of WadesboroSupreme Court of North Carolina · 1910
  4. Purcell v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
  5. Norton v. . McDevitSupreme Court of North Carolina · 1898

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3Cited by20 opinions

  1. State v. KinchSupreme Court of North Carolina · 1985
  2. Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
  3. Renn v. . R. R.Supreme Court of North Carolina · 1915
  4. Pridgen v. . PridgenSupreme Court of North Carolina · 1925
  5. Hartsfield v. . BryanSupreme Court of North Carolina · 1919

15 more not listed; retrieve them via the Exa API.

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