Johnson v. Olive, 60 N.C. 215, 1 Win. 215 (1864)

June 1864 · Supreme Court of North Carolina

60 N.C. 215, 1 Win. 215

JARMAN G. JOHNSON vs. ELI OLIVE.

An indorsement of a borjd by the obligee in this form, “ A B, for sixty days, 19th Nov. 1858,” imposes no liability on the indorser after the expiration of the linfited time.’

A Justice of the Peace has no jurisdiction of a guaranty.

This was a suit begun by warrant before a Justice of the Peace and tried before Heath, Judge at Pall Term of Johnston Superior Court, 1860.

The denfedant wastho obligee of a bond executed by one Moore. He indorsed it to the plaintiff.by writing these words on the hack, “Eli Olive, for sixty days, 19 Nov., 1858.” The warrant was brought on the 25th Dec. 1859, a demand having been made on. defendant a few days before. No evidence was offered of any communication between the parties concerning the import of the indorsement or of any consult ration o'her tln^n what is' implied by the indorsement. A verdict was taken lor the plaintiff subject to tbo opinion of ty 3 Court, ami the. «.fudge being of opinion with the doibiubuit on tin* «¡mistión of law reserved, the verdict was sot asido and the plaintiff nonsuited. From ibis judgment, the <lc‘bud-ant ’¡¡puiied.

'Wiurfon, Sr , for the plaint ¡If.

No counsel for the defendant in tin’s Court.

M/.NRY ,'iudgo.'

The judgment of the (Superior Court appears to us to be correct. « ,

Wo fake the nnior«''m>.H‘, upon which the action is brought, to by susceptible of but two interpretations. It is either an indorsement importing an unconditional promise. i.'üi to continue in ¡o:ve for a limited term only : or it is a conditional promise ■ v , a guaranty of the debt tor the time ¡united. If it bo the first — the time having been permitted to elapse — the icKnonsilnTity ceases, and the right 01 action is gone, if the second, the right of action is not only gone by tito h ¡¡sc o' lime, b-n' «Justice before whom the action wan coiinni uc. d, bad no jurisuictiop o;’ it ; end the want ar juri.-dli-rh ■« i- ing patent on the 'ace of the ■ . ■” vs,■«i’e Mill her ■ e ■ ‘ÍMnisse 1 .¡n motion,