President of the Bank of Newbern v. Taylor
Supreme Court of North Carolina
Cpamu The Defendant gave his note negotiable at tbe Bank of Newbern, and having failed to make payment, a notice was served on him and a motion made for judgment and execution in a summary way, according to the directions of tho act incorporating said Bank. The Defendant pleaded that the i‘ight claimed by the Plaintiffs to have judgment of their demand, on notice and motion, was unconstitutional and ought not to be allowed.
1Opinion of the Court
Hall, Judge,
delivered tbe opinion of the Courts
1 It is not questioned that the Legislature had the power to grant the charter to the Bank of Newbern. The object of this grant was tho public good, which the Legislature .had in view on the one hand, and the grantees had their private interest in view on the other. To Carry into ef-feet the scheme of the bank, it became necessary for the f j, , , parties to enter into arrangements tor that purpose ; and one part of the arrangement was, that debts due to the bank might be recovered in a summary way. It is said this is a violation of the second…
2Cited by4 opinions
- State v. KnightSupreme Court of North Carolina · 1967
- State v. . WombleSupreme Court of North Carolina · 1893
- Dodson v. . BushSupreme Court of North Carolina · 1811
- State v. .Superior Court of North Carolina · 1794