Bank of Spruce Pines v. Vance
| Decision Date | 12 July 1933 |
| Docket Number | 569. |
| Citation | 170 S.E. 119,205 N.C. 103 |
| Parties | BANK OF SPRUCE PINES v. VANCE et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Mitchell County; McElroy, Judge.
Action by the Bank of Spruce Pines against Hale Vance and others. From judgment for plaintiff against defendant Ira Vance, such defendant appeals.
Reversed.
This is an action on a note for $600. The note is fully set out in the complaint. It is payable to the order of the plaintiff and was due prior to the commencement of this action.
The defendants Hale Vance and Florence Vance, the makers of the note, did not file an answer to the complaint. For this reason, judgment by default final was rendered by the clerk of the court against these defendants for the amount of the note. This judgment has not been paid.
The note as set out in the complaint, is indorsed as follows:
The defendant Ira Vance filed an answer to the complaint in which he admitted the execution of the note by the defendants Hale Vance and Florence Vance, as makers, and its indorsement by him and S. C. Vance, as appears on the note.
He alleges "that the said note sued on by the plaintiff in this action, set out in paragraph two of the complaint, was endorsed in the name of 'T. B. Vance Estate, S. C. Vance and Ira Vance, Admrs.', as an accommodation for the makers of said note; that the defendant, Hale Vance, is a son of T. B. Vance, deceased, and defendant, Florence Vance, is the wife of Hale Vance and the estate of T. B. Vance, deceased, has not yet been settled up by the administrators of said estate, and the said note sued on by the plaintiff was not and was not intended to be personally endorsed by this defendant, but endorsed by the administrators of the estate of said T. B. Vance, as such administrators in the name of T. B. Vance Estate, to which endorsement reference is hereby made."
When the action was called for trial, the plaintiff moved for judgment in the pleadings. The motion was allowed, and the defendant excepted.
From judgment that plaintiff recover of the defendant Ira Vance the sum of $600, with interest from January 23, 1932, and the costs of the action, the defendant appealed to the Supreme Court.
Charles Hughes, of Newland, for appellant.
McBee & McBee, of Bakersville, for appellee.
It does not appear from the pleadings in this action that T. B. Vance was indebted to the plaintiff, at his death, or that his estate received any consideration for the note sued on by the...
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