Bank of Charlotte v. Davidson
Supreme Court of North Carolina
Civil aotioN, f(on a note given in 1863,) tried before bis Honor, Judge Moore, at the Judy (Special) Term, 1873, of MboKlbNbuRG Superior Court. Upon the verdict, the Court gave judgment for the seal© value of the note at its date, with interest from the rendition of-the judgment. Plaintiff appealed. The facts pertinent to the decision in this Court are fully stated in the opinion of Justice RodmaN.
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Civil aotioN, f(on a note given in 1863,) tried before bis Honor, Judge Moore, at the Judy (Special) Term, 1873, of MboKlbNbuRG Superior Court. Upon the verdict, the Court gave judgment for the seal© value of the note at its date, with interest from the rendition of-the judgment. Plaintiff appealed. The facts pertinent to the decision in this Court are fully stated in the opinion of Justice RodmaN. As to tender and refusal of payment in Confederate money, see T&rrill v. Walker, 65- N. C. Rep. 91; same ease, 66 N. C.. Rep. 244. A plea of tender is of no avail unless accompanied by a payment of…
1Opinion of the CourtRodhaN, J.
On the 26th of October, 1863, the defendant was indebted to the plaintiff by one note for $15,000, dated and made 28th of February, 1863, and by another for $10,000, dated and made 29th of May, 1863. On said 26th of Octo ber, defendant paid all of the $15,000 note except $2,820.50, and all of the $10,000 note except $2,179.50, (the two sums remaining'unpaid amounting to $5,000.) In payment of this balance, the defendant gave the note sued on in this action, which was dated on said 26th of October, and payable at sixty days after 7th of November, 1863.
It was agreed at the timo, that the note…
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