Cable v. . Hardin
Supreme Court of North Carolina
Civil Action, tried before Touryee, J., at Spring Teim, 1872, oí Alamance Superior Court. The action was brought for the recovery of money due on,a bond dated August 25th, 1804. Upon the trial the plaintiff offered to show the consideration of the bond. His Honor refused to allow the evidence, holding that when the pleadings make no issue of fact it was a question of law for the Court to decide.
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Civil Action, tried before Touryee, J., at Spring Teim, 1872, oí Alamance Superior Court. The action was brought for the recovery of money due on,a bond dated August 25th, 1804. Upon the trial the plaintiff offered to show the consideration of the bond. His Honor refused to allow the evidence, holding that when the pleadings make no issue of fact it was a question of law for the Court to decide. A juror was therefore withdrawn, and the Court adjudged that the plaintiff have judgment for the amount of the bond sued on according to the scale of Confederate money at the date of the bond, less…
1Opinion of the CourtRodman, J.
1. We think the Judge was right in taking this case from the jury and holding it a question of law for liis decision. The parties by their pleadings stated the same material lacts, and there was and could be no issue of fact joined between them.
2. Erom the pleadings the case is this: In November, 1802, the defendant borrowed of plaintiff $1,100' in Confederate money, and gave him a bond for that sum with a surety, the plaintiff agreeing to receive payment in Confederate money. When this bond was payable'is not staled, but it is not material. On 25th August, 1804, defendant tendeied payment to…
2Cases cited1 opinion
- Robeson, Adm'r, C. v. . Brown and AnotherSupreme Court of North Carolina · 1869
3Cited by4 opinions
- Wilson v. . PattonSupreme Court of North Carolina · 1882
- Arnold v. . EstisSupreme Court of North Carolina · 1885
- Bank of Charlotte v. DavidsonSupreme Court of North Carolina · 1874
- Cobb v. . GraySupreme Court of North Carolina · 1878