Boyt v. . Cooper
Supreme Court of North Carolina
Martin. This was an action of debt on a sealed instrument. The Defendant pleaded ce that it was given for an illegal consideration” On the trial, the Defendant wished to give evidence, tiiat the bond was given in consideration of compounding a prosecution for a rape. This was opposed on the ground, that the Defendant’s plea was not sufficiently special for such evidente to be received. This point was rescued by the Court.
Read the full summary
Martin. This was an action of debt on a sealed instrument. The Defendant pleaded ce that it was given for an illegal consideration” On the trial, the Defendant wished to give evidence, tiiat the bond was given in consideration of compounding a prosecution for a rape. This was opposed on the ground, that the Defendant’s plea was not sufficiently special for such evidente to be received. This point was rescued by the Court. The Defendant obtained a rule on the Plaintiff to shew cause, why he should not be permitted to add a special plea, upon an affidavit made by him, that he had instructed his…
1Opinion of the Court
Tatxok, Chief-Justice,
delivered the opinion of the Court:
Tiie memorandum of “ illegal consideration,” made on the docket, is entirely too indefinite to apprise the Plaintiff of the point on which Defendant actually relied. Of the numberless illegal considerations for which a bond may be given, it would be highly unreasonable to expect, that in every instance, the Plaintiff should understand that one precisely, which the Defendant intended to urge, when he entered his plea. But having guessed rightly, and summoned witnesses to explain the intended defence, what should prevent the Defendant…
2Cited by1 opinion
- Cowper v. . EdwardsSuperior Court of North Carolina · 1792