Bryan Ex Rel. Ricks v. Harrison
Supreme Court of North Carolina
Civil actioN, to recover the value of a note given by defendants, on the 10th day of September, 1862, tried before his Honor, Judge Watts, at Spring Term, 1874, of Nash Superior Court. The question as to the measure of damages, being the only one decided in this Court, and the opinion of the Court containing all the facts relating to that, no further statement is called for.
Read the full summary
Civil actioN, to recover the value of a note given by defendants, on the 10th day of September, 1862, tried before his Honor, Judge Watts, at Spring Term, 1874, of Nash Superior Court. The question as to the measure of damages, being the only one decided in this Court, and the opinion of the Court containing all the facts relating to that, no further statement is called for. On the trial below, the jury returned a verdict for the plaintiff for the full face value of the note and interest. Judgment accordingly. Defendants appealed.
1Opinion of the Court
Read® , J.
One Earl was the principal in the bond sued on, and the defendants were his sureties. Consider the case as if Earl were the defendant. What would be his liability % Ordinarily, the amount of the bond. But in this case he would have the right to say, that he is not liable for the amount of the bond, because the statute provides, that it is presumed to be solvable in Confederate currency. And then, nothing more appearing, the legislative scale would be applied at the date of the bond, September, 1862, and judgment would be given for the amount of the value of $1,200, of Confederate…
2Cases cited3 opinions
- Robeson, Adm'r, C. v. . Brown and AnotherSupreme Court of North Carolina · 1869
- Carter v. . McGeheeSupreme Court of North Carolina · 1868
- Sanders v. . JarmanSupreme Court of North Carolina · 1872
3Cited by2 opinions
- Wilson v. . JordanSupreme Court of North Carolina · 1899
- Walser v. JordanSupreme Court of North Carolina · 1899