# Commercial National Bank of Charlotte v. Carson

> Supreme Court of North Carolina · December 12, 1934 · 207 N.C. 495

URL: https://www.frixlaw.com/law-library/cases/3656886

## Case

- **Full name:** COMMERCIAL NATIONAL BANK OF CHARLOTTE, N. C., and THOMAS D. OSBORNE, Executors of the Estate of MARY D. OSBORNE, v. J. H. CARSON and C. M. CARSON
- **Court:** Supreme Court of North Carolina
- **Decided:** December 12, 1934
- **Citations:** 207 N.C. 495; 177 S.E. 335; 1934 N.C. LEXIS 502
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Oubiam
- **Judges:** Oubiam
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3656886

## Opinion text

*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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3656886. Public record. Not legal advice.