Martin v. . McMillan's Adm'r. .
Supreme Court of North Carolina
COVENANT, tried before Mitchell, J., at Spring Term, 1869, -of the Superior Court of Alleghany. The action was brought upon a bond in the usual form, for the payment of eight hundred and eighty dollars, bearing date May 1862, signed and sealed by the defendant Edwards, and by A. B. McMillan, dec'd, the intestate of the other defendant.
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COVENANT, tried before Mitchell, J., at Spring Term, 1869, -of the Superior Court of Alleghany. The action was brought upon a bond in the usual form, for the payment of eight hundred and eighty dollars, bearing date May 1862, signed and sealed by the defendant Edwards, and by A. B. McMillan, dec'd, the intestate of the other defendant. It was in evidence that, before and at the time of executing said bond, the defendant Edwards was an agent for the Confederate government, for the purpose of buying horses and mules to be used in the military service; that he had instructions from the Quarter…
1Opinion of the CourtReade, J.
The case before us sets forth that, “The defendant, Edwards, told the plaintiff that he wanted to buy the mules for the Confederate Government. The plaintiff replied that he could get more for them than the defendant offered, but as the defendant wanted them for the Confederate Government, he might have them at that price.” The principle involved in this case is so fully discussed in the late case of Phillips v. Hooker, Phil. Eq. 193, that it need not be labored here. It is there said “that if the illegal use to be made of the goods enters into the contract, and forms the motive or inducement…
2Cases cited1 opinion
- The Brig Amy WarwickSupreme Court of the United States · 1862
3Cited by9 opinions
- Stephens v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1912
- Stephens v. . Lumber Co.Supreme Court of North Carolina · 1912
- McKesson and Hunt v. . Jones, Mendenhall and CarterSupreme Court of North Carolina · 1872
- Smitherman v. . SandersSupreme Court of North Carolina · 1870
- Logan v. PlummerSupreme Court of North Carolina · 1874
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