Legal Opinion

Copeland v. . Collins

Supreme Court of North Carolina

Decided May 26, 1898PublishedCited by 10 opinions

Civil action, heard before Hohe, J., and a jury at Fall Term, 1897, of Polk Superior Court, on appeal from a judgment of a Justice of the Peace. The facts appear in the opinion. There was a verdict for the plaintiff and from the judgment thereon the defendant appealed.

1Opinion of the Court

FAIRCLOTH, C. J., and CLARK, J., dissent. This is an action on a promissory note executed in South Carolina, bearing 10 per cent interest, payable to the plaintiff, and signed by W. E. Collins as principal and Thomas Collins as surety, dated 4 March, 1886, and due 9 months after date.

There had been several payments made on said note, the first within less than three years from the maturity of said note, and the others within less than three years of each other, the last payment being made by W. E. Collins on 28 October, 1892. Thomas, the surety, died intestate 2 June, 1892, and there was no…

2Cases cited9 opinions

  1. Green v. Greensboro Female CollegeSupreme Court of North Carolina · 1880
  2. Louis Hilliard & Co. v. OutlawSupreme Court of North Carolina · 1885
  3. Moore v. . GoodwinSupreme Court of North Carolina · 1891
  4. Armistead v. Bozman's HeirsSupreme Court of North Carolina · 1840
  5. Long v. . CleggSupreme Court of North Carolina · 1886

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3Cited by10 opinions

  1. Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
  2. Menzel v. Hinton.Supreme Court of North Carolina · 1903
  3. Nicholas v. Salisbury Hardware and Furniture Co.Supreme Court of North Carolina · 1958
  4. Schreiner v. City Nat. Bank of McAlesterSupreme Court of Oklahoma · 1919
  5. Ingram v. HarrisSupreme Court of Virginia · 1939

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