Locke v. . Andres
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Bladen County, at the Fall Terpn, 1846, his Honor Judge Settle presiding. The action is debt upon a judgment, and the plea, payment.
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Appeal from the Superior Court of Law of Bladen County, at the Fall Terpn, 1846, his Honor Judge Settle presiding. The action is debt upon a judgment, and the plea, payment. On the trial the defendant proved by a witness, that the plaintiff had been indebted to one Alfred Andres on a note for $100 ; and that tbe plaintiff requested the witness to get Alfred Andres to take the plaintiff!s judgment against the defendant, and credit his note for the amount- of it; but that Alfred Andres never gave the credit on the plaintiff’s note, but required the plaintiff to pay the whole note in cash, and…
1Opinion of the CourtRuffin, C. J.
The instruction was very properly refused, for there was no evidence from which a payment could have been inferred. If the defendant had owed the debt to Alfred Andres, the bacon would not have been a payment, properly speaking, but only formed the subject of a mutual demand, that might have been set off. To make specific articles payments, they must be received as payments, or by subsequent agreement they must be applied as payments. But the case could not be viewed as favourably to the defendant, as to suppose even, that the defendant’s debt belonged to Alfred Andres. There was merely a…
2Cited by2 opinions
- Young v. AlfordSupreme Court of North Carolina · 1893
- Young v. . AlfordSupreme Court of North Carolina · 1893