Opinion

Commercial National Bank of Charlotte v. Carson

  • 207 N.C. 495
  • 177 S.E. 335
  • 1934 N.C. LEXIS 502
Court
Supreme Court of North Carolina
Filed
Dec 12, 1934
Status
Published
Author
Oubiam
On the bench
Oubiam
Cited by
0 cases
Authority
More cited than 42.4%

The opinion

*496

Peb Oubiam.

Tbis is an appeal from a judgment awarded the plaintiffs upon the pleadings, and presents but one question, namely: Where the payee of a bond has dealt with a person, who, for valuable consideration, assumed the payment of the debt by accepting* from him partial payments on the bond and extending the time of the payment thereof without knowledge of the makers, is the character of the makers, as between the payee and the makers, changed from that of principals to that of guarantors? This question is answered in"the negative upon the authority of

Brown v. Turner,

202 N. C., 227 .

The present judgment does not preclude the defendants from proceeding in this action against him who is alleged to have assumed the payment of the bond, or to foreclose the deed of trust given to secure it, or to obtain any other relief to which they may be entitled against those whom they have had made parties thereto.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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