Hilliard v. . Moore
Supreme Court of North Carolina
Appeal from tlie judgment of a Justice of the Peace, tried before Waits, J., at Chambers. The plaintiff declared on the following promissory note: “ On or before January 1st, 1866, I promise to pay LewisHilliard, or order, one hundred dollars, for hire of negro girl, Cely, for the years 1864 and 1865. This money to be paid in current funds at the time the note falls due.”
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Appeal from tlie judgment of a Justice of the Peace, tried before Waits, J., at Chambers. The plaintiff declared on the following promissory note: “ On or before January 1st, 1866, I promise to pay LewisHilliard, or order, one hundred dollars, for hire of negro girl, Cely, for the years 1864 and 1865. This money to be paid in current funds at the time the note falls due.” Dated July 28th, 1864. The Justice admitted parol evidence as to the motives the defendant had in hiring the girl, and as to her value. The Justice rendered judgment according to the scale, for $5.23,, which was affirmed by…
1Opinion of the CourtDick, J.
This case is governed by the rules of construction adopted in the case of Chapman v. Wacaser, 64 N. C. 532.
At the time the note was executed, Confederate money was. the currency of the country, and if there was no express agreement to the contrary, the law would presume that it was solvable in such currency.
This presumption of law is raised by the statute of 1866, ch, 38, 39, and applies only to contracts made during the late war. This presumption is founded upon the supposed intent of the parties to such contracts, derived from the facts and circumstances existing at the time the contract…
2Cases cited1 opinion
- Chapman v. . WacaserSupreme Court of North Carolina · 1870
3Cited by4 opinions
- Henry King Ex'r v. W. & W. R. R. Co.Supreme Court of North Carolina · 1872
- McKesson and Hunt v. . Jones, Mendenhall and CarterSupreme Court of North Carolina · 1872
- Brickell v. . BellSupreme Court of North Carolina · 1881
- Smith, Adm'r. v. . LawrenceSupreme Court of North Carolina · 1875