Guy v. McLean
Supreme Court of North Carolina
From Iredell. Debt on a single bond, made by the Defendant to JV*oa/i Partee, and assigned to the Plaintiff after it be came due.
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From Iredell. Debt on a single bond, made by the Defendant to JV*oa/i Partee, and assigned to the Plaintiff after it be came due. On the trial the Defendant offered to prove, that the bond was given to satisfy three others, made by the Defendant’s brother, James M’Lean to Partee, one of which was fraudulently obtained by Partee, having been executed when James was drunk, and did not know what he was doing, and that this was unknown to the Defendant, when he delivered the bond in suit. His honor Judge Daniei, rejected the evidence, as not constituting a defence in a court of law. A verdict was…
1Opinion of the Court
The opinion of a majority of the Court, was delivered by
Hare, Judge.
If a bond is given upon no consideration, or upon an inadequate one, that constitutes no objection in a Court of Law to a recovery upon it. Proof of the fair execution of it precludes any examination into the consideration upon which it was given, unless that consideration was against the policy of the law, as for compounding a felony, (2 Wilson, 344) or against the express provisions of law, as upon a gaming or usurious consideration* Upon these and other like considerations, a recovery up-an a bond may be barred, although…
2Cases cited1 opinion
- Warner v. H. Munsheimer & Co.Court of Appeals of Texas · 1884