Runyon v. . Latham
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Beaufort County at the Spring Term 1845, his Honor Judge Settle presiding. This was an action of assumpsit. The plaintiff declared on a promissory note for one thousand dollars, payable to him, as Cashier, and negotiable and payable at the branch of the Bank of Cape Fear at Washington — the execution of which note was admitted.
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Appeal from the Superior Court of Law of Beaufort County at the Spring Term 1845, his Honor Judge Settle presiding. This was an action of assumpsit. The plaintiff declared on a promissory note for one thousand dollars, payable to him, as Cashier, and negotiable and payable at the branch of the Bank of Cape Fear at Washington — the execution of which note was admitted. Thomas ffardenberg, a witness for the plaintiff, proved, that the note became due on the 10th of November, 1840, when the defendant, Latham, called at the Bank to pay it; that he handed to the plaintiff a letter from his agent…
1Opinion of the Court
Ruffin, O. J.
Under the instructions to the jury, it must be taken on this verdict, that there was no mistake in reckoning the debt. But if there was a mistake, it has been corrected, so that the only question now is, whether any of the money, paid by the defendant, could be applied by the plaintiff to the damages on the protested bill of exchange.
The defendant contended, that he was not liable for damages ; and nothing is stated which shews that he was. It does riot appear, that the bill was discounted; or, if it was, that the proceeds were put to the credit of the defendant in his general…
2Cases cited1 opinion
- Robert v. GarnieNew York Supreme Court · 1805