Blythe v. . Lovinggood
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law of Cherokee County, at Fall Term, 1841, his Honor Judge Manly presiding. The plaintiff declared upon a promissory note, not under seal.
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This was an appeal from the judgment of the Superior Court of Law of Cherokee County, at Fall Term, 1841, his Honor Judge Manly presiding. The plaintiff declared upon a promissory note, not under seal. Upon the trial it appeared that, at the public sale of lands belonging to the State, in Cherokee County, it was stipulated by the commissioners, on the part of the State, as one of the conditions of the sale, that if the highest bidder did not give bond, before a certain hour on the day succeeding the sale, the next highest bidder might come forward and take the land ; and so toiies quoties.…
1Opinion of the CourtDaniel, J.
If the plaintiff intended to comply with the terms of the sale, but failed in consideration of the defendant’s executing to him the note, then the conspiracy had the effect of depriving the State of so much of the purchase money as made up the difference between the two bids ; and such a transaction, we think, was fraudulent towards the State. The plaintiff’s counsel contends, that, if the parties intended to defraud the State, it could be taken advantage of by the _State only, and not by the defendant, who has reaped the benefit, and was a particeps criminis in the transaction. We are °*'a…
2Cited by17 opinions
- King v. . WinantsSupreme Court of North Carolina · 1874
- Owens v. WrightSupreme Court of North Carolina · 1912
- Rush v. McPhersonSupreme Court of North Carolina · 1918
- Marshall v. . DicksSupreme Court of North Carolina · 1917
- Owens v. . WrightSupreme Court of North Carolina · 1912
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