Whedbee v. . Reddick
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1878, of HertpoRD Superior Court, before Henry, J. The plaintiff alleged that on the 16th of January, 1874, the defendant executed his promissory note under seal payable to Samuel Winborn and George Cowper executors of Abram Reddick, and upon the same day the defendant and his wife made a mortgage conveying certain lands to said executors to secure the payment of the note on or before the 1st day of February, 1876; that on the 16th of…
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Civil ActioN tried at Spring Term, 1878, of HertpoRD Superior Court, before Henry, J. The plaintiff alleged that on the 16th of January, 1874, the defendant executed his promissory note under seal payable to Samuel Winborn and George Cowper executors of Abram Reddick, and upon the same day the defendant and his wife made a mortgage conveying certain lands to said executors to secure the payment of the note on or before the 1st day of February, 1876; that on the 16th of April, 1877, said note was assigned to the plaintiff, and that no part of the same has been paid. Judgment is. demanded for…
1Opinion of the CourtRodmaN, J.
As the note • was ' assigned to the plaintiff after it became due, he took it subject to all counter claims of the defendant which accrued to him before notice of the assignment. The note is payable to ’Winborn and Cowper, executors of Abram Reddick, and the money loaned to the defendant is admitted to have been a part of the estate of Abram Reddick. It is alleged by the defendant and denied by the plaintiff, that at the making of the note it was expressly agreed in effect that the defendant might offset it by any sum w'hich might be due him as one of the legatees of Abram Reddick.…
2Cited by4 opinions
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- Horne v. Peoples BankSupreme Court of North Carolina · 1891
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