Wooten v. . Sherrard
Supreme Court of North Carolina
Civil action, to recover the amount of a promissory note, tried before Buxton, J., at the Special (January) Term, 1874, of Wayne Superior Court, upon the following CASE AGREED. The action was brought December 29th, 1869, returnable to Spring Term, 1870, on a promissory note under seal, payable to Wait.
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Civil action, to recover the amount of a promissory note, tried before Buxton, J., at the Special (January) Term, 1874, of Wayne Superior Court, upon the following CASE AGREED. The action was brought December 29th, 1869, returnable to Spring Term, 1870, on a promissory note under seal, payable to Wait. Thompson, the intestate of the plaintiff, dated October 16th, 1862, signed by defendant Sherrard, and Lewis and Coley, the other defendants, promising to pay twenty-seven hundred dollars, on which sum small credits were entered in 1867 and 1869. Sherrard and Lewis have been declared bankrupts.…
1Opinion of the CourtRodmaN, J.
This is the same case which was before this Court at January Term, 1873, reported under the name of Wooten v. Sherrard, 68 N. C. Rep. 334. On the trial the defendant, by way of equitable counter-claim, set up a claim for damages arising out of the refusal by the plaintiff to receive Confederate currency in payment of the note sued on when it was tendered to him within twelve months after the mating of the note, as he had agreed to do.
In the case of Terrell v. Walker, 66 N. C. Rep. 224, which was an action brought prior to the C. C. P., the defendant attempted to set up a similar defence under…
2Cases cited1 opinion
- Wooten v. . SherrardSupreme Court of North Carolina · 1873
3Cited by1 opinion
- Mitchell v. . SawyerSupreme Court of North Carolina · 1874