Parker v. . Bledsoe
Supreme Court of North Carolina
Motion for an injunction heard at Fall Term, 1882, of Wake Superior Court, before McKoy, J. The action is to recover the amount due on a promissory note which the complaint states to have been executed on November 1st, 1874, by the defendants to the intestate of the plaintiff in the sum of $1,244.72 bearing interest from date, and that no part thereof has been paid.
Read the full summary
Motion for an injunction heard at Fall Term, 1882, of Wake Superior Court, before McKoy, J. The action is to recover the amount due on a promissory note which the complaint states to have been executed on November 1st, 1874, by the defendants to the intestate of the plaintiff in the sum of $1,244.72 bearing interest from date, and that no part thereof has been paid. The defendants in separate answers admit both allegations, and as a defence say that one George W. Phillips, as principal, and the defendant Moses A. Bledsoe, as surety, on March 3rd, 1866, made their note to the intestate in .the…
1Opinion of the Court
Smith, C. J.,
after stating the above. The answer clearly admits to be due of principal money upon the original merged in the note sued for, at least the sum of $499.20, the residue after applying the alleged payment, and this judgment seems to be warranted by the express provision of the Code. §215 par. 6. The reference must be construed as confined to what is still claimed by the plaintiff and contested by the defendants, the order therefor and the judgment rendered being the action of the court at the same term.
If there be any cause of complaint, the defendants’ remedy should have been…
2Cases cited3 opinions
- Mabry v. . ErwinSupreme Court of North Carolina · 1878
- Chambers v. . PenlandSupreme Court of North Carolina · 1878
- Askew v. . CapehartSupreme Court of North Carolina · 1878
3Cited by13 opinions
- Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
- Banks v. LaneSupreme Court of North Carolina · 1916
- Stewart v. . BryanSupreme Court of North Carolina · 1897
- Cornelius v. AlbertsonSupreme Court of North Carolina · 1956
- Adams v. . BeasleySupreme Court of North Carolina · 1917
8 more not listed; retrieve them via the Exa API.