Legal Opinion

Wittkowski v. . Smith

Supreme Court of North Carolina

Decided January 5, 1881PublishedCited by 2 opinions

Civil Action commenced before a justice of the peace and tried on appeal at Fall Term, 1880, of Mecklenburg Superior Court, before Seymour, J. This action is against one of the drawers and the personal representative of the other, upon an inland bill in the following form: Chaelotte, Oct. 30th, 1871. Thirty days after date pay to the order of Wittkowski & Rintels one hundred and sixty-six dollars and fifteen cents, value received, and charge to the account of Ge>ttry &…

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Civil Action commenced before a justice of the peace and tried on appeal at Fall Term, 1880, of Mecklenburg Superior Court, before Seymour, J. This action is against one of the drawers and the personal representative of the other, upon an inland bill in the following form: Chaelotte, Oct. 30th, 1871. Thirty days after date pay to the order of Wittkowski & Rintels one hundred and sixty-six dollars and fifteen cents, value received, and charge to the account of Ge>ttry & Smith. To S. L. Billings. Across the face of the instrument were written these words : “ Accepted Oct. 30tb, 1871. S. L.…

1Opinion of the Court

Smith, G. J.

No place of payment is mentioned in the bill and no agreement as to such place shown by parol, as it was competent to show if any such agreement existed, under the ruling of Chief Justice Marshall, in Brent’s Executor’s v. Bank of Metropolis, 1 Peters, 92, and we have no other guide than that furnished in the writing itself. It was drawn and accepted on the same day, and so far as appears, at the same place. The inference to be drawn from an inspection of the instrument is that funds were there to be provided to meet the debt in tbe absence of evidence of any 'contrary…

2Cases cited2 opinions

  1. Meyer v. . HibsherNew York Court of Appeals · 1872
  2. Brent's Executors v. the Bank of the MetropolisSupreme Court of the United States · 1828

3Cited by2 opinions

  1. Bank v. . LutterlohSupreme Court of North Carolina · 1886
  2. People's National Bank of Fayetteville v. LutterlohSupreme Court of North Carolina · 1886

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