Russell H. Kingsbury v. . William R. Suit
Supreme Court of North Carolina
This was an action of debt upon a single-bill commenced under the old system, and tried at Spring Term 1871, of Gran-ville Superior Court, before ITis Honor Judge Watts'and a ¿ary- _ There was evidence tending to show that in 1862, William R. Suit, the principal obligor hired asubstitute to go into the -Confederate army, and for that purpose borrowed the money .necessary from one Reams ; and that afterwards he borrowed tbe money for which the single-bill sued on was given to…
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This was an action of debt upon a single-bill commenced under the old system, and tried at Spring Term 1871, of Gran-ville Superior Court, before ITis Honor Judge Watts'and a ¿ary- _ There was evidence tending to show that in 1862, William R. Suit, the principal obligor hired asubstitute to go into the -Confederate army, and for that purpose borrowed the money .necessary from one Reams ; and that afterwards he borrowed tbe money for which the single-bill sued on was given to pay off Kearns, and so informed tbe plaintiff. His Honor charged that if the jury were satisfied that thc-plaintiff was…
1Opinion of the CourtHick, J.
The defendant alleges that the note upon which this action is founded, was given for money borrowed for the purpose of putting a substitute in tbe Confederate army: and that the illegal puposo was known to the plaintiff when the contract was executed.
The defendant states that he bad previously borrowed money from Reams to pay a substitute and had put one in the army, and the money obtained from tbe plaintiff was used in discharging the Ream’s debt. The act of the defendant which was contrary to public policy bad been completed before he-borrowed money from the plaintiff.
The note sued on is…
2Cases cited2 opinions
- Calvert v. . WilliamsSupreme Court of North Carolina · 1870
- Critcher v. . HollowaySupreme Court of North Carolina · 1870
3Cited by2 opinions
- Williams v. . CarrSupreme Court of North Carolina · 1879
- Poindexter v. . DavisSupreme Court of North Carolina · 1872