Davis v. . Glenn .
Supreme Court of North Carolina
Civil action for the recovery of a note of hand, tried by his Honor Judge Kerr, at Fall Term, 1874, of Guilvoed Superior Court. The case had been submitted to referees, who found for the plaintiff. This finding was affirmed by the Judge of the Superior Court, when the defendant appealed. The facts are sufficiently set out in the opinion of Justice Rodman.
1Opinion of the CourtRodman, J.
This was an action to recover on a note in the following form:
" Six months after date we promise to pay K. W. Davis four hundred and twenty dollars in current funds when called for.
(Signed,) S. D. GLENN, [Seal.]
JAMES DAYIS, [Seal.]
August 15th, 1864.
There was no proof as to what was the consideration of the note. No demand for payment was made until after the close of the war, and there was no tender of payment.
The question is whether the note is subject to the scale.
The difficulty in applying the law to the contract arises from the uncertainty as to what time the phrase “ current funds ” was…
2Cases cited1 opinion
- Howard v. . BeattySupreme Court of North Carolina · 1870
3Cited by5 opinions
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