Newland v. Buncombe Turnpike Co.
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rutherford County at Fall Term 1843, §his Honor Judge Dick presiding. This was an action of assumpsit to recover back money, alleged to have been improperly paid to the Company by the plaintiffs.
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Appeal from the Superior Court of Law of Rutherford County at Fall Term 1843, §his Honor Judge Dick presiding. This was an action of assumpsit to recover back money, alleged to have been improperly paid to the Company by the plaintiffs. The plaintiffs alleged that they were contractor to carry the United States’ Mail in four horse stages from Ashville, N. C. to some point in the State of Tennessee, com-■meneing on the 1st of January, 1834, for the term of four years, and that, to do so, they had to pass over the defendant’s turnpike road; that, during the term aforesaid, they were citizens of…
1Opinion of the Court
Ruffin, C. 3.
As the charter to the defendants exempts the citizens of Buncombe from the payment of tolls, and the jury have found the plaintiffs to have been citizens of that county during, the whole period involved in this controversy,-the plaintiffs were not liable for the sums they paid.
It was, however, objected on the trial, that, although the money was not doe to the company, the plaintiffs could not recover it back, because they had paid-it without suit, and voluntarily.- But this objection the counsel very properly abandoned here. The payment was- not voluntary, that is,as payment of a…
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