McLendon v. Commissioners of Anson County
Supreme Court of North Carolina
Civil actioN, for the recovery of certain- coupons and for a mandamus, tried before his Honor,, Judge B-uxion, at the Spring Term., 1-873, of ÁNSON Superior Court.
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Civil actioN, for the recovery of certain- coupons and for a mandamus, tried before his Honor,, Judge B-uxion, at the Spring Term., 1-873, of ÁNSON Superior Court. The case as settled by the counsel in the Court below is substantially this: The county of Anson, as authorised by the act of 1857, to alter and- amend the charter of the "Wilmington, Charlotte & Rutherford Railroad Company, issued certain coupon bonds, each dated 1st January, 1859, redeemable on the 1st January, 1881, and bearing, interest at the rate of seven per cent.. The plaintiff in this action became the holder of a number…
1Opinion of the CourtRead, J.
The first question is: “ Do the coupons on which the suit is brought bear interest ? If so, from what date ?’ They do bear interest from the date of their maturity. 7 Wallace, 82.
This would not have been controverted, probably, in view of the case in Wallace, if it were not that we have decided that a demand is necessary before action brought against a Board of County Commissioners. 67 N. C. R., p. 330. Alexander v. Commissioners McDowell County. And as demand was not made until 1872, although the coupons had matured several years before, it is insisted by defendant that they bear interest…
2Cited by4 opinions
- Fry v. Commissioners of Montgomery CountySupreme Court of North Carolina · 1880
- Leach v. . Commissioners of FayettevilleSupreme Court of North Carolina · 1881
- Hawley v. . Com'rs of FayettevilleSupreme Court of North Carolina · 1880
- Beattys v. Town of SolonNew York Supreme Court · 1892