Sanders v. . Jarman
Supreme Court of North Carolina
Action of debt, commenced in the Superior Court of Carteret, in 1866, and heard before Clarke, J., at Rail Term, 1871, upon a ease agreed. The defendant was sued as endorser of a note for $1,200, given to him September 7th, 1863, by one Hill King, and payable one day after date.
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Action of debt, commenced in the Superior Court of Carteret, in 1866, and heard before Clarke, J., at Rail Term, 1871, upon a ease agreed. The defendant was sued as endorser of a note for $1,200, given to him September 7th, 1863, by one Hill King, and payable one day after date. The consideration of the note was a pair of mules sold by Jarman to King, worth about .$300. The defendant was indebted to the plaintiff in the sum of $600, due by note given before the war, and in the latter part of 1863 offered to pay the debt in Confederate money. Sanders, the plaintiff, refused to take Confederate…
1Opinion of the Court
Peasson, O. J.
We should concur with his Honor in the conclusion at which he arrived, if the case was governed by the rules of law, applicable to bills of exchange and promissory notes; but we are of opinion that the legislation called for by the condition of' tbe country after the war, has the effect to make a the rules of law ” inapplicable to the case, and it must be governed by rules of justice and equity, as set out in the several statutes in reference to "the scale and the value of the consideration of the contract.
The endorser of a promissory note makes a conditional contract, that he…
2Cases cited1 opinion
- Summers v. . McKaySupreme Court of North Carolina · 1870
3Cited by1 opinion
- Bryan Ex Rel. Ricks v. HarrisonSupreme Court of North Carolina · 1874