Geer v. Reams
| Decision Date | 28 February 1883 |
| Court | North Carolina Supreme Court |
| Parties | F. C. GEER v. H. A. REAMS and another. |
MOTION to set aside a judgment heard at Fall Term, 1882, of ORANGE Superior Court, before Shipp, J.
The plaintiff, as assignee of the Citizens National Bank of Raleigh, brought an action to fall term, 1881, of the superior court of Orange county, upon the following promissory note:
“$2,500. Four months after date, for value received, being for money borrowed, we promise to pay the Citizens National Bank of Raleigh, North Carolina, or order, twenty-five hundred dollars, negotiable and payable at said bank with interest at the rate of eight per cent. per annum after maturity, until paid.
+---------------------------+
¦(Signed)¦JOHN C. BLAKE, ¦
+--------+------------------¦
¦ ¦H. A. REAMS, ¦
+--------+------------------¦
¦ ¦P. J. MANGUM, ¦
+--------+------------------¦
¦ ¦S. R. CARRINGTON, ¦
+--------+------------------¦
¦ ¦R. T. HOWERTON. ¦
+---------------------------+
Judgment was entered at said term against the defendants, Blake and Reams, for want of an answer. Notice was duly served on the plaintiff by the defendant, Blake, that he would move the court to set aside the judgment (under section 133 of the Code) upon the ground that it was irregularly and improvidently granted, and also, of excusable negligence.
In his affidavit in support of the motion, the defendant alleged that shortly after the summons was served upon him, he employed T. C. Fuller, who practiced in said court, to appear for him in the action and make a defence; that Mr. Fuller simply entered an appearance, as counsel, but by inadvertence failed to put in an answer for him, and judgment was taken against him for want of an answer; that he was present at the last term of the court to attend to the case, but found that judgment had been rendered, and he is advised he had a good defence to the action; that the note was made in favor of H. A. Reams for about $2,500--he indorsed the note and discounted the same, and had it re-discounted at the Citizens National Bank, which required him to indorse it; that said sureties were previously liable for the debt and he was not co-surety, and afterwards he learned the said sureties paid the note and had it assigned to the plaintiff for the benefit of the sureties, and the action was brought, as affiant believes, to compel him to contribute as co-surety.
There was a counter-affidavit filed on the part of the plaintiff, and the motion coming on to be heard, His Honor...
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