Farmer v. . Willard
Supreme Court of North Carolina
Civil actioN upon a bill of exchange given in the purchase of a certain tract of land, tried before Henry, Jand a jury, at the Spring Term, 1874, of Bumuombe Superior Court. The following are the facts material to an understanding of the points raised and decided in this Court, as they are contained in the “ case settled ” and sent up with the record.
Read the full summary
Civil actioN upon a bill of exchange given in the purchase of a certain tract of land, tried before Henry, Jand a jury, at the Spring Term, 1874, of Bumuombe Superior Court. The following are the facts material to an understanding of the points raised and decided in this Court, as they are contained in the “ case settled ” and sent up with the record. The plaintiff sued out his writ 4th April, 1867, under our former system of procedure, and at the return term declared for the value of a certain tract of land and exhibited a bill of exchange, drawn by the defendant on a Bank of Columbia, S.…
1Opinion of the Court
ByNüM, J.
Hyman was the agent of Willard to purchase land, and it was his duty to reduce the bill of exchange to cash and with it to pay for the land purchased. Instead of doing this himself, he passed the bill of exchange to the plaintiff with instructions to present it to the Bank at once. The plaintiff followed the instructions and duly notified the agent of the nonpayment.
Notice to the agent was notice to the principal. If there was laches it was on the part of the agent in not duly notifying the drawer of the dishonor of the bill, but with this cause of quarrel between principal and…
2Cases cited1 opinion
- Robeson, Adm'r, C. v. . Brown and AnotherSupreme Court of North Carolina · 1869
3Cited by3 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Farmer v. . WillardSupreme Court of North Carolina · 1876
- Maryland Casualty Co. v. FowlerDistrict Court, M.D. North Carolina · 1928