Lane v. . Richardson
Supreme Court of North Carolina
Homestead — Personal Property Kxemptions — Assignment— Covenant — Damages. This was a civil action, tried before Bynum, J., at February Term, 1889, of Chatham Superior Court. The plaintiff declared on a note, under seal, executed to J. B. Harris by defendant Richardson on the 31st of March, 1887, for the sum of $500, with interest, at eight per cent., from date, payable one day after date.
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Homestead — Personal Property Kxemptions — Assignment— Covenant — Damages. This was a civil action, tried before Bynum, J., at February Term, 1889, of Chatham Superior Court. The plaintiff declared on a note, under seal, executed to J. B. Harris by defendant Richardson on the 31st of March, 1887, for the sum of $500, with interest, at eight per cent., from date, payable one day after date. This note was the balance due on the purchase money of a tract of land which had been assigned to Harris as a homestead, and which he had sold with covenants against incumbrances, <&c., to Lane. On this…
1Opinion of the Court
Shepherd, J
— after stating the case: When the payee Plarris endorsed the note sued upon to the plaintiff, it was past maturity, and the plaintiff took it “ without prejudice to any set-off, or other defence, existing at the time of the -assignment.” The Code, § 177.
At the time of the assignment, the defendant Richardson Rad become the owner of the Sikel & Hellen judgments against Harris, and these constitute a valid counter-claim against the plaintiff, unless he can show such circumstances as will except him from the general principles applicable to such a defence. McClenahan v. Cotten, 83 N.…
2Cases cited6 opinions
- Eaton v. LymanWisconsin Supreme Court · 1872
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- Riddick v. . MooreSupreme Court of North Carolina · 1871
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