Adcock v. . Fleming
Supreme Court of North Carolina
After the new trial granted in this case at the last term, (ante, p. 225,) it came on to be tried again at Chat-ham, on the last Circuit, before his Honor Judge Saunders, when it appeared that the defendant was indebted to the plaintiff upon a note in a balance of twenty-five dollars; that in discharge of this balance the defendant passed to the plaintiff two notes payable to the defendant, amounting together to that sum ; that the defendant refused to endorse these notes,…
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After the new trial granted in this case at the last term, (ante, p. 225,) it came on to be tried again at Chat-ham, on the last Circuit, before his Honor Judge Saunders, when it appeared that the defendant was indebted to the plaintiff upon a note in a balance of twenty-five dollars; that in discharge of this balance the defendant passed to the plaintiff two notes payable to the defendant, amounting together to that sum ; that the defendant refused to endorse these notes, but engaged to pay the amount if the plaintiff should fail to collect them; that the plaintiff received them upon the…
1Opinion of the Court
Gaston, Judge.'
When this case was formerly before us, we were of opinion that the plaintiff could not recover, because his claim was founded on a guaranty, of which a single justice had not jurisdiction. It is now presented to us under an aspect somewhat different. (His Honor here stated the facts of the case as above, and then proceeded.) —It is difficult to define with precision the nature of the demands of which the legislature has given cognizance to magistrates, and we can only hope to approach this precision by adhering steadily to the principles sanctioned by former adjudications. In…
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