Radcliff v. Bartholomew, Alpress & Co.
Supreme Court of North Carolina
•This was an appeal from an interlocutory order of the Court .pf Equity of Buncombe County, at the Spring Term, 1845, ,his Honor Judge Manly presiding, by which order it was directed, that the injunction granted in this case by a judge in the vacation, should be dissolved.
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•This was an appeal from an interlocutory order of the Court .pf Equity of Buncombe County, at the Spring Term, 1845, ,his Honor Judge Manly presiding, by which order it was directed, that the injunction granted in this case by a judge in the vacation, should be dissolved. The bill sets forth that the sons of the plaintiff, Hillary and Thomas Radcliff, lived in Georgia, and had purchased from the defendants, through their agent Ebenezor W. Tollman, a n&mber,o.f clocks, and, to secure the payment, executed and delivered to the agent, Tollman, their promissory note for the sum of $550; that…
1Opinion of the CourtNash, J.
The equity of the plaintiff’s bill consists in this, that by the alteration of the note, after it had been delivered by Hillary and Thomas Radcliff, without their knowledge and consent, they were discharged from all responsibility on it, and he was deprived of all recourse to them, upon being made to pay it; and if the facts were so, unquestionably such would be their effect. It would have been a gross fraud upon him, which would have given him a clear right to ask the aid of a Court of Equity. Is this equity xnet and repelled by the answer? If so, the injunction cannot stand. For, as the…
2Cited by2 opinions
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