Lowe v. Weatherley
Supreme Court of North Carolina
This was an action of assumpsit, commenced by warrant and carried by successive appeals to the Superior Court, in which it was tried at -Guilford, on the last fall circuit, before his honor Judge Pearson.
Read the full summary
This was an action of assumpsit, commenced by warrant and carried by successive appeals to the Superior Court, in which it was tried at -Guilford, on the last fall circuit, before his honor Judge Pearson. The defence relied upon was under the plea of a release, and upon the trial the facts appeared to be as follows: The plaintiff sold to the defendant a parcel of slaves for the sum of $850. The defendant paid the price in bank notes, and took a bill of sale under seal, containing the ordinary acquittance or release for the purchase money. At the time the release was given, the defendant said…
1Opinion of the Court
DaNiel, Judge,
after stating the case as above, proceeded as follows: If the receipt, which the plaintiff gave for the purchase money of the slaves had been without seal, it might have been explained by parol; as a receipt is not conclusive evidence of payment, 2 Term Rep. 366, 5 B. & Ald. 611, 3 B. & C. 421, 3 B. & Adol. 313. In that case the plaintiff might have recovered upon the original consideration, as a balance of the price of the slaves: the counterfeit bill being a nullity, could not be considered a payment, although both of -the parties were ignorant at the time that the bill was a…
2Cases cited1 opinion
- Jackson ex dem. Dill v. TylerNew York Supreme Court · 1807
3Cited by4 opinions
- Puckett v. . MorganSupreme Court of North Carolina · 1912
- Blackledge v. . SimmonsSupreme Court of North Carolina · 1920
- Albright v. . AlbrightSupreme Court of North Carolina · 1916
- Standard Supply Co. v. PersonSupreme Court of North Carolina · 1911