Bryan v. . Heck
Supreme Court of North Carolina
Civil Action, tried before Tourgee, «/., Spring Term, 1812, of Chatham Superior Court. The plaintiff alleged that he sold to the defendant in 1863, certain valuable real estate in the county of Chatham, for about $30,000 in Confederate money; that in payment ot the price, defendant gave liim a bond or certificate of indebtedness of the Confederate States; that the bond was originally the property of one Broche, who had assigned it to the defendant; that when the payment for…
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Civil Action, tried before Tourgee, «/., Spring Term, 1812, of Chatham Superior Court. The plaintiff alleged that he sold to the defendant in 1863, certain valuable real estate in the county of Chatham, for about $30,000 in Confederate money; that in payment ot the price, defendant gave liim a bond or certificate of indebtedness of the Confederate States; that the bond was originally the property of one Broche, who had assigned it to the defendant; that when the payment for the land was made, the defendant erased the endorsement, and inserted the name of the plaintiff. Upon objection being…
1Opinion of the CourtPearson, C. J.
There is a maiked distinction between cases where notice is necessary as a mere preliminary to the action, to enable the defendant to pay and save the costs of the action, as when a surety pays the debt, he must give notice to a co-surety to enable him to pay his rateable part and save the costs of suit, Linn v. McClelland 4, Dev. & Bat. 458, and cases where notice is necessary in order to constitute a, cause of action, as where the drawer of a bill of exchange fails to accept or to pay, notice to the drawer is required to be given in reasonable time, in order to constitute a cause of action,…
2Cited by5 opinions
- Johnson v. Reformers.Supreme Court of North Carolina · 1904
- Wood v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1902
- Gay v. . NashSupreme Court of North Carolina · 1881
- Oil Co. v. Grocery Co.Supreme Court of North Carolina · 1904
- Abernethy v. Yount.Supreme Court of North Carolina · 1905