North Carolina Reports Volume 78; Cases Argued and Determined in the Supreme Court of North Carolina (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ... 77 N. C. 44, cited and approved.) Civil Action, tried at Fall Term, 1877, of Buncombe Superior Court, before 8chenclc, J. The ease is sufficiently stated by The Chief Justice in delivering the opinion of this Court. There was a verdict and judgment in favor of the plaintiff, and the defendant appealed. M ssri. A. T. ft T. F. Davidson and Bttsbee.f-B isbee, for plaintiff. Mr. J. IT. Mrrrimon, for defendant. Dobson v. Chambers. Smith, C. J. This action was instituted to recover money alleged to have heen paid hy the plaintiff for the use of the defendant's intestate and John W. Wood fin at their special instance and request, and is prosecuted against the defendant alone. John Brigman, the intestate, in June, 1860, was indebted to the Planter's and Miner's Bank at Murphy by note, to which the said John W. Wood fin and John E. Pattern were sureties, in the sum of $6000 and due at ninety days On the 4th day of June following, the note was taken up and a new note executed by the same parties, and substituted in its place. The last note was not paid at its maturity, and went to protest, but was'afterwards taken up by two drafts each in the sum of $3000 dated March the 5th, 1861, one payable at 90, the other at 120 days from the 20th day of March, 1861, drawn by R. B. Vance in favor of J. E. Pattonon said J. W. Woodfiu, which drafts were accepted and endorsed to the Bank. At the same time the protested note was transmitted to said R. B. Vance. On the 3rd day of September following, the plaintiff executed his note, with J. W. Wood fin and C. D. Smith as sureties, to the Bank in the sum of $6238.66 thev amount then due on the acceptances payable at six months in place of the drafts. This note was replaced by another note executed to the Bank by the same parties on t...