Boykin v. . Barnes
Supreme Court of North Carolina
Contract — Seale — Confederate Curreney. Civil ActioN, tried at Fall Term, 1875, of WilsoN Superior Court, before Seymour, J. This action was commenced in a Justice’s Court by the plaintiff against the defendants for the recovery of $158 and earned by appeal to the Superior Court. The plaintiff held a note against one D. W. Eure for said sum dated September 20th, IS JO.
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Contract — Seale — Confederate Curreney. Civil ActioN, tried at Fall Term, 1875, of WilsoN Superior Court, before Seymour, J. This action was commenced in a Justice’s Court by the plaintiff against the defendants for the recovery of $158 and earned by appeal to the Superior Court. The plaintiff held a note against one D. W. Eure for said sum dated September 20th, IS JO. The defendants bought a Turpentine Distillery of said Eure on the 13th of August, Í863, and at his (Eure’s) request executed a note for said sum ante-dating the same so as to correspond with the original note. Thereupon at the…
1Opinion of the CourtBynum, J.
The presumption raised by our statute that the note sued on was solvable in Confederate currency is rebutted by the facts stated in the special verdict.
The plaintiff held a note for $158.00 on one Eure given in 1860 for money loaned. In 1863, the defendants made an arrangement with Eure by which they agreed to assume the debt. They thereupon went to Miss Boylciu and substituted their note for Eure’s, ante-dating the note to the date of the Eure note which was then surrendered.
Clearly the new note was not given in satisfaction of the debt but was intended to make the defendants stand in the…
2Cases cited2 opinions
- State Ex Rel. Jones v. BrownSupreme Court of North Carolina · 1872
- Summers v. . McKaySupreme Court of North Carolina · 1870
3Cited by2 opinions
- In re MacaySupreme Court of North Carolina · 1881
- MacAy Ex ParteSupreme Court of North Carolina · 1881