Stanley v. . Parker

176 S.E. 279, 207 N.C. 159, 1934 N.C. LEXIS 409

• Court: Supreme Court of North Carolina
• Decided: October 10, 1934
• Status: Published

Opinion

CoNNOR, J.

Tbe judgments entered by consent in tbe actions brought by tbe bolder of tbe note which was endorsed by tbe plaintiff and defendant in this action, to recover on said note, together witb tbe recital in said judgments to tbe effect that tbe defendants in said actions, who are tbe plaintiff and defendant in this action, bad agreed to pay and bad paid to tbe bolder of tbe note sued on, jointly, tbe sum of $1,500, in settlement and full discharge of their joint liability on said note, are conclusive upon tbe plaintiff and tbe defendants in said actions. Neither tbe judgments nor tbe recitals are conclusive, however, upon tbe plaintiff and defendant in this action. A judgment against several defendants does not as a rule determine their rights as among themselves, unless their rights have been drawn in issue and determined in tbe action in which tbe judgment was rendered. McIntosh N. C. Frac, and Proc., p. 749.

Tbe defendant in this action is entitled to a trial by tbe jury of tbe issue raised by bis answer. At such trial parol evidence will be admissible to support bis allegation as to tbe agreement between himself and tbe plaintiff witb respect to tbe proportionate parts of tbe $1,500 each was to pay. It is well settled that as between or’among themselves parol evidence is admissible to show that tbe liability of parties to a negotiable instrument is otherwise than as appears prima facie. Lan caster v. Stanfield, 191 N. C., 340, 132 S. E., 21. On this principle parol evidence will be admissible at tbe trial to show tbe agreement between plaintiff and defendant, as alleged in tbe answer.

There is error in tbe judgment in this action. Tbe judgment is reversed and tbe action remanded to tbe Superior Court for further proceedings in accordance witb this opinion.

Eeversed.