Supreme Court of North Carolina, 1934

Bulluck Auto Sales Co. v. Meyer

Bulluck Auto Sales Co. v. Meyer
Supreme Court of North Carolina · Decided February 28, 1934 · PER CURIAM.
172 S.E. 877; 206 N.C. 198; 1934 N.C. LEXIS 138 (South Eastern Reporter)

Bulluck Auto Sales Co. v. Meyer

Opinion of the Court

Per Curiam.

Affirmed on authority of Barco v. Forbes, 194 N. C., 204, 139 S. E., 227, and Bank v. Howard, 188 N. C., 543, 125 S. E., 126.

In the latter case, the following- was quoted from 8 C. J., 444, with approval: β€œOne who gives a note in renewal of another note, with knowledge at the time of a partial failure of consideration for the original note, or of false representations by the payee, waives such defense and cannot set it up to defeat or reduce the recovery on the renewal note.”

No error having been made to appear of which defendant can complain, the judgment will not be disturbed.

Affirmed.

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