Grant v. W. H. Morris & Sons
Supreme Court of North Carolina
Civil ActioN, tried at Pall Term, 1878, of Northampton Superior Court, before Seymour, J. This action was commenced before a justice of the peace to recover the sum of one hundred and seventy-six dollars, and twenty-five cents, and the defendants offered to set up a bond executed by plaintiff (and embodied in the opinion of this court) as a counter-claim, and the plaintiff replied that said bond was void, for that, on all the sums of money furnished under it, the defendants…
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Civil ActioN, tried at Pall Term, 1878, of Northampton Superior Court, before Seymour, J. This action was commenced before a justice of the peace to recover the sum of one hundred and seventy-six dollars, and twenty-five cents, and the defendants offered to set up a bond executed by plaintiff (and embodied in the opinion of this court) as a counter-claim, and the plaintiff replied that said bond was void, for that, on all the sums of money furnished under it, the defendants had reserved and taken more than eight per cent interest. Upon the hearing before the justice of the peace, judgment was…
1Opinion of the CourtSmith, C. J.
On the 6th day of March, 1876, the plaintiff entered into a covenant with the defendants in these words:
$250. On the 1st day of January, 1877, with interest from March 6th, 1876, at the rate of eight per cent., I promise to pay to W. H. Morris & Sons the sum of two hundred and fifty dollars for advances, to be made by them to me, in money and supplies from now till the maturity of this bond. The interest at said rate is to attach at the time or times the said advances shall be made. Witness my hand and seal this 6th day of March, 1876. (Signed) J. S. Grant, [seal.] Witness, W. W. Peebles.
Betwe…
2Cited by5 opinions
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