Williams v. Irwin
Supreme Court of North Carolina
Debt against the endorser of a promissory note under seal. The declaration stated merely the making, of the note, the endorsement thereof by the defendant, and that by reason oft he said endorsement, and by force of the statutes in such cases made and provided, the defendant became liable to , , pay the money specified m said note.
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Debt against the endorser of a promissory note under seal. The declaration stated merely the making, of the note, the endorsement thereof by the defendant, and that by reason oft he said endorsement, and by force of the statutes in such cases made and provided, the defendant became liable to , , pay the money specified m said note. On the trial at Mecklenburg on the last circuit, before Bailey, Judge,% the only question was whether the defendant as endorser, was liable without notice of a previous demand on the maker, and a refusal of payment by him. His Honor was of opinion “ that under the…
1Opinion of the Court
Rtiffin, Chief Justice.
The act of 1827, ch. 2, renders an endorser of a negotiable instrument — excepting bills of exchange — “ liable as surety to the holder.” The question is, whether the holder must give the endorser any notice before he brings his action. It is to be regretted that statutes should be expressed in such terms as impart to the judiciary no certain knowledge, or means of knowledge of the legislative intention, and put the court in danger of mistaking it. It unfortunately may so happen in this instance. The expression “liable as surety.” has no definite legal sense, nor any…
2Cited by2 opinions
- Garrett v. . ReevesSupreme Court of North Carolina · 1899
- Sullivan v. . MitchellSupreme Court of North Carolina · 1814