J. C. Terrell v. . J. D. Walker
Supreme Court of North Carolina
The following is the statement made out bj the presiding: Judge. Case tried at Person Court, Fall Term 1871. This was an action of debt, tried before Tourgee, Judge, upon a promissory note, made by the defendant Walker, to the-defendant Wade, July 24th, 1862, and assigned to the plaintiff: by the defendant Wade in 1867. The defendant pleaded, “General issue.” “Payment and set off,” “Tender and refusal,” and “Statutes scaling debts, solvable-in Confederate currency.”
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The following is the statement made out bj the presiding: Judge. Case tried at Person Court, Fall Term 1871. This was an action of debt, tried before Tourgee, Judge, upon a promissory note, made by the defendant Walker, to the-defendant Wade, July 24th, 1862, and assigned to the plaintiff: by the defendant Wade in 1867. The defendant pleaded, “General issue.” “Payment and set off,” “Tender and refusal,” and “Statutes scaling debts, solvable-in Confederate currency.” The plaintiff proved the execution and assignment of the note sued on. and admitted that the same was solvable in Confederate…
1Opinion of the CourtRodMAN, J.
This action was brought on a note in the following form :
$3000.50.
Borrowed of R. A. & W. H. Wade, thirty hundred dollars and fifty cents, which wo promise to pay, with interest, from the 10th inst.,
This, the 23d July, 1863.
(Signed,) J. D. & A. WALKER & OO.
It was endorsed to the plaintiff in 1867.
The defendants offered evidence tending to show, that the note was given for money previously borrowed by the Wades of the plaintiff, for which they had given him a note, which was surrendered to them upon the assignment to him of the note now sued on.
The defendants also proposed to prove that the…
2Cases cited1 opinion
- Terrell v. . WalkerSupreme Court of North Carolina · 1871
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