Moss v. . Adams
Supreme Court of North Carolina
This was an appeal from an interlocutory decree of the Cotut of Equity of Guilford County, at the Fall Term, 1845, his Honor Judge Dick presiding, dissolving the injunction, which had been granted in the cause.
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This was an appeal from an interlocutory decree of the Cotut of Equity of Guilford County, at the Fall Term, 1845, his Honor Judge Dick presiding, dissolving the injunction, which had been granted in the cause. By the pleadings it appears, that the plaintiffs, Moss and M. W. Alexander, and the defendant, Bencine, as partners, took a contract from the government for carrying the Mail from Greensborough in this State, to Yorkville in South Carolina, to commence on the 1st day of January, 1839 ; and that they purchased from Peck, Wellford & Co. who had been the previous contractors on the line,…
1Opinion of the CourtRuffin, C. J.
Those parts of the bill, which charge a misrepresentation to the plaintiff, Moss, as to his liabilities or concealment from him on that subject, or that payments were in truth made on the bonds with his name on them, which are the subjects of this controversy (except the sum of #4,051 10 which was applied to them) are, all, directly and satisfactorily denied. The cause therefore turns upon the rule of law, as to the application of indefinite payments. The defendant, Adams, stands in the shoes of his endorsers, Peck, Wellford & Co. as he took the bonds over-due ; and he is, of course, no worse…
Also in this document: Per curiam.
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808
3Cited by6 opinions
- Stone Co. v. RichSupreme Court of North Carolina · 1912
- French v. . RichardsonSupreme Court of North Carolina · 1914
- Miller v. . WombleSupreme Court of North Carolina · 1898
- Jenkins v. . BealSupreme Court of North Carolina · 1874
- State v. . ThomasSupreme Court of North Carolina · 1850
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