Supreme Court of North Carolina, 1874

Crawford v. Lytle

Supreme Court of North Carolina · Decided January 15, 1874 · Settle

70 N.C. 385

Cases that cite this one

1 later published case cites this decision.

Southerland v. . Fremont (N.C. 1890)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Settle, J.

A makes his note to be paid on the 7th day of June, 1857, and on the 12th day of August, 1860, C endorses on the back of the note these words, to-wit: “ Pay the within to D,” and signed his name. Nothing more appears.

*388We are of opinion that 0 is neither au endorser, according" to the eomrnereial law, nor a guarantor; but that his endorsement merely passed the property in the note to D, just as his bill of sale would have passed a horse. But if we adopt the most favorable view for the plaintiff, and consider C as a guarantor, there has been such laehes on the part of.the plaintiff as to discharge the defendant.

The judgment of the Superior Court is reversed, and judgment will be entered here- that the defendant go without day.

Per Curiam. Judgment reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.