Legal Opinion

Mann v. . Blount

Supreme Court of North Carolina

Decided January 5, 1871PublishedCited by 7 opinions

This was a civil action in which the plaintiff applied for an order for an injunction, tried before his Honor Jones,./., at the last term of Hyde Superior Court.

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This was a civil action in which the plaintiff applied for an order for an injunction, tried before his Honor Jones,./., at the last term of Hyde Superior Court. The complaint alleged in substance that the present defendant, John G-. Blount, as assignee of the Bank of Washington, had in 1869 obtained a judgment against one Adams, and himself as executor of Marcus Swindell, that after a payment of a part of it, the plaintiff had obtained bank bills-of the Bank of Washington, and tendered them in payment of the residue of the judgment, an execution on which had been issued and was then in the…

1Opinion of the CourtSettle, J.

The defendant as assignee of the Bank of Washington, which went into liquidation in 1867, is seeking to collect of the plaintiff in this action, ‘c lawful money of the United States” in payment of a judgment obtained upon a debt made to the Bank — having refused to accept the bills of the Bank of Washington in satisfaction of said judgment.

The Act of 1868-’9, ch. 77, declares, “ That an Act entitled an act to make bank bills a set off, ratified the twenty second day of August, A. D. 1868, be so amended as to apply to judgments and executions which may have been obtained on any debt due any of…

2Cases cited1 opinion

  1. Mason and Another v. . MilesSupreme Court of North Carolina · 1869

3Cited by7 opinions

  1. Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
  2. Becker Steel Co. of America v. HicksCourt of Appeals for the Second Circuit · 1933
  3. Arnold v. HawleySupreme Court of Iowa · 1885
  4. R. J. and R. W. McDowell v. . D. AsburySupreme Court of North Carolina · 1872
  5. Blount v. . WindleySupreme Court of North Carolina · 1873

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