Legal Opinion

Parker v. . Carson

Supreme Court of North Carolina

Decided June 5, 1870PublishedCited by 5 opinions

Debt, tried before Logan, J., at Spring Term 1870, of Euthereord Court. The plaintiff offered in evidence a bond for $1,902, dated May 25th 1863, payable Nov. 27th 1864, u to Squire Parker or Thomas Parker, in currency,” and executed by the defendant’s intestate. The defendant objected to the evidence, but was overruled, and therefore excepted.

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Debt, tried before Logan, J., at Spring Term 1870, of Euthereord Court. The plaintiff offered in evidence a bond for $1,902, dated May 25th 1863, payable Nov. 27th 1864, u to Squire Parker or Thomas Parker, in currency,” and executed by the defendant’s intestate. The defendant objected to the evidence, but was overruled, and therefore excepted. The plaintiff also offered to show that the note was given for land owned by the plaintiffs jointly, and by them sold to the defendant. This also was objected to by the defendant, .■but was admitted, and the defendant again excepted. The defendant…

1Opinion of the Court

The first objection taken by the defendant in this Court,, is that the bond is made payable to Squire Parker or Thomas Parker. It is conceded that a bond, being a deed,, cannot like a bill or promissory note, be made payable to A B or Nearer ; it must be made to some certain obligee, to-whom it may be delivered. After it is completed, it may be assigned, by virtue of our statute, by the obligee to the bearer or otherwise, just like a note: Marsh v. Brooks, 11 Ire. 409.

But under the liberal and salutary provisions of the ordinance of the 18th October 1865, and the acts of 1866, chapters 38 and…

2Cited by5 opinions

  1. Diffenderfer v. ScottIndiana Court of Appeals · 1892
  2. State v. . PoolSupreme Court of North Carolina · 1876
  3. Outlaw v. . FarmerSupreme Court of North Carolina · 1874
  4. Wooten v. . SherrardSupreme Court of North Carolina · 1873
  5. In re BartlesNew Jersey Court of Chancery · 1880

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