Patton v. . Hunt
Supreme Court of North Carolina
Covenant, tried before Mitchell, J., at Spring Term 1869 of Bubke Court. Tbe action was brought upon the following note: $1,330 39. Twelve months after date, we, or either of us, promise to pay Robert Patton, Exr. of John Warlick, dec’d, the sum of thirteen hundred and thirty dollars and thirty nine cents, in good current bank notes on the banks of North or South Carolina, for value received, this the 31st of October 1864. . J. A. HUNT, [Seal.] Wm.
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Covenant, tried before Mitchell, J., at Spring Term 1869 of Bubke Court. Tbe action was brought upon the following note: $1,330 39. Twelve months after date, we, or either of us, promise to pay Robert Patton, Exr. of John Warlick, dec’d, the sum of thirteen hundred and thirty dollars and thirty nine cents, in good current bank notes on the banks of North or South Carolina, for value received, this the 31st of October 1864. . J. A. HUNT, [Seal.] Wm. E. MCKESSON, [Seal.] On the day that the note fell due an agent of the defendants, meeting with the plaintiff, made known to him that he was sent…
1Opinion of the Court
Rod3!A3r, J.
This is an action of Covenant, brought on the obligation of the defendants to deliver to the plaintiff, twelve months after the 31st of October 1864, a certain sum, in good current bank notes on hanks in North and South Carolina, for value received. The defendants pleaded a tender of such notes to the plaintiff on the day, and a refusal by him to accept, but did not aver a continued readiness, or make a proferí in Court. Upon the tender, the case states that the agent of the defendants met the plaintiff, and told him “that he was sent to pay the obligation in South Carolina bank…
2Cited by2 opinions
- Terrell v. . WalkerSupreme Court of North Carolina · 1871
- Wooten v. . SherrardSupreme Court of North Carolina · 1873