Smitherman v. . Sanders
Supreme Court of North Carolina
Debt, tried before Tour gee, I., at Spring Term 1870, of Randolph Court. The plaintiff declared upon a note for $1,000, dated June 21, 1861. The defence was, that the consideration was. illegal.
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Debt, tried before Tour gee, I., at Spring Term 1870, of Randolph Court. The plaintiff declared upon a note for $1,000, dated June 21, 1861. The defence was, that the consideration was. illegal. It was shown that the defendants, who were some of the members of Randolph County Court, had met as such at the time that the note was given, for the purpose of raising money to equip a company of volunteers about to go into the military service of the Confederate States; that the plaintiff' was present, and knew of their intentions; that application was made to him, to lend the money for such purpose…
1Opinion of the CourtPeabsoh, C. J.
This case is stronger than the Salt cases: Leak v. Com’rs. Richmond, ante, 132; Setzer v. Com'rs. Catawba, ante 516 ; for, here the plaintiff actually finished money to equip rebel soldiers. So the act per se aided the rebellion, and amounted as much to treason against the government of the United States, as if he had furnished arms, or volunteered as a soldier. The fact that he declined to take a County bond, and required a bond executed by the Justices individually, is a subterfuge too flimsy to shield him from the consequences of his act. The legal effect was, he furnished the money to the…
2Cases cited1 opinion
- Martin v. . McMillan's Adm'r. .Supreme Court of North Carolina · 1869
3Cited by4 opinions
- Lance v. . HunterSupreme Court of North Carolina · 1875
- Martin v. McMillan's Adm'rSupreme Court of North Carolina · 1871
- Fineman v. . FaulknerSupreme Court of North Carolina · 1917
- Logan v. . PlummerSupreme Court of North Carolina · 1874