16 N.C. 173 | N.C. | 1828
(174) The defendant in his answer admitted that he endorsed the note at the request of Helme; he averred that at the time of his endorsement he had no knowledge that the plaintiff's intestate was a surety, but that he then believed the plaintiff's intestate had a joint interest with Helme in having the note discounted. He denied that he would have endorsed the note for the accommodation of Helme, had he known that the latter was solely interested in the discount, and stated that when the note was handed to him, and his endorsement asked for, he hesitated, as the amount was large, but that Helme removed those doubts by informing him that he, the defendant, could not suffer until the plaintiff's intestate and himself had both failed; and upon this assurance, having confidence in the solvency of the former, he endorsed the note and handed it back to Helme.
The deposition of Helme was read upon the hearing. He swore that at the time when the defendant endorsed the note no communication was made to the defendant of the relation in which the plaintiff's intestate stood to the note; that he had stated to the defendant that the plaintiff's intestate was bound to indemnify him in case he, Helme, failed; but that this was given as the witness's opinion upon the point of law, not as a fact touching the plaintiff's intestate's connection with the note. He further proved that the plaintiff's intestate had no interest in the note, except as a surety, and that in his opinion the defendant would not have lent his name unless that of the plaintiff's intestate, or some other as good, had been upon the face of the note.
Love v. Wall,
PER CURIAM. Dismiss the bill with costs.
Cited: Richards v. Simms,
(180)