Goodloe v. . Taylor
Supreme Court of North Carolina
Y L From Granville. J This was an action of debt, brought on a bond in the words and figures following, viz: Against the 25th December, 1819, or when the house John May-field has undertaken to build for me is completed, I promise to pay to John Mayfield, or order, the just and full sum of eight hundred and eighteen dollars 23J cents, for value received, as witness my hand and seal this 21st February, 1818. (Signed) Warner Taylor, [h.
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Y L From Granville. J This was an action of debt, brought on a bond in the words and figures following, viz: Against the 25th December, 1819, or when the house John May-field has undertaken to build for me is completed, I promise to pay to John Mayfield, or order, the just and full sum of eight hundred and eighteen dollars 23J cents, for value received, as witness my hand and seal this 21st February, 1818. (Signed) Warner Taylor, [h. S.j Whereon was the following endorsement, viz. Pay tbe within to David S. Goodloe. (Signed) John Mayfield. June IS, 1819. The defendant offered to prove that…
1Opinion
I entertain no doubt but that the note on which this action is brought is negotiable. Had it been payable on the contingency only of the building of the house, it would have been otherwise. But whether the house is built or not, it is payable at a particular time, and that time is ascertained from the fact of the note, and for that reason it is (461) negotiable. See Chitty on Bills, 345, 376.
PER CURIAM. Affirmed.
Cited: Watson v. Bledsoe, 60 N.C. 252; Bank v. Bynum, 84 N.C. 28;Bank v. Michael, 96 N.C. 58; Cotton Mills v. Dunston, 121 N.C. 16.
2Cases cited4 opinions
- First National Bank of New Windsor v. BynumSupreme Court of North Carolina · 1881
- First National Bank v. MichaelSupreme Court of North Carolina · 1887
- Elizabeth City Cotton Mills v. DunstanSupreme Court of North Carolina · 1897
- Blake v. . PageSupreme Court of North Carolina · 1864