Legal Opinion

Welfare v. . Thompson

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 34 opinions

Civil Action tried at Spring Term, 1880, of Davidson Superior Court, before Buxton, J. The action was brought upon a single bill which was as follows: $450. Lexington, N. C., April 25th, 1876. One day after date we promise to pay to the order of T. S. Welfare the sum of four hundred and fifty dollars without defalcation, value received at eight per cent, per annum.

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Civil Action tried at Spring Term, 1880, of Davidson Superior Court, before Buxton, J. The action was brought upon a single bill which was as follows: $450. Lexington, N. C., April 25th, 1876. One day after date we promise to pay to the order of T. S. Welfare the sum of four hundred and fifty dollars without defalcation, value received at eight per cent, per annum. (Signed) W. L. Thompson, (Seal.) J. H. Thompson, (Seal.) C. M. Thompson, (Seal.) ' C. F. Lowe, (Seal.) F. M. Thompson, (Seal.) The defendants, W. L. Thompson and J. PI. Thompson} made no defence to the action. The other defendants,…

1Opinion of the CourtAshe, J.

There were two exceptions taken in the progress of the trial, first, to the admission of parol evidence to prove that the defendants C. M. Thompson, C. F. Lowe and F. M. Thompson were sureties to the note, and secondly, to the refusal of His Honor to give the'instructions prayed by plaintiff, to wit, that the statute of limitations was not a bar to any of the defendants, it being conceded that ten years had not expired after the execution of the note when the suit was brought. The authorities are very uncertain and conflicting upon the question whether or not it may be shown by parol that a…

2Cases cited1 opinion

  1. Knight v. BraswellSupreme Court of North Carolina · 1874

3Cited by34 opinions

  1. Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
  2. Wachovia Bank & Trust Co. v. CliftonSupreme Court of North Carolina · 1932
  3. Clarke v. PierceMassachusetts Supreme Judicial Court · 1913
  4. Coleman v. . FullerSupreme Court of North Carolina · 1890
  5. Barnes v. . CrawfordSupreme Court of North Carolina · 1931

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