Henderson v. . Shannon
Supreme Court of North Carolina
From Lincoln. Debt upon a sealed note, or single bill, tried before Danier Judge. On the trial, the case was that Shannon had been arrested upon a charge of burning a house belonging to one Caldwell, and after ids arrest he gave, his bond, with the other defendant as his surety, payable to Caldwell, for the purpose of compounding the prosecution, upon which the warrant was dismissed.
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From Lincoln. Debt upon a sealed note, or single bill, tried before Danier Judge. On the trial, the case was that Shannon had been arrested upon a charge of burning a house belonging to one Caldwell, and after ids arrest he gave, his bond, with the other defendant as his surety, payable to Caldwell, for the purpose of compounding the prosecution, upon which the warrant was dismissed. After-wards, and before (he bond fell due, Caldwell assigned the same by endorsement to the Plaintiff for a valuable, consideration, and without any notice to the Plaintiff of the consideration on which it was…
1Opinion of the Court
If this were a question between the original parties to the bond, I should have no doubt that the defense could be available for the defendant, since the consideration of the bond is illegal; and I should be willing to make a similar decision as against an assignee; for the rule of law which avoids the bond, though founded on evident justice and policy, may be eluded in every instance, if an assignee without notice can recover. But this is a consideration for the Legislature, and they have not left us at liberty to decide according to our individual perceptions of justice, but have…
2Cases cited1 opinion
- Baker v. ArnoldNew York Supreme Court · 1805
3Cited by4 opinions
- Ward v. . SuggSupreme Court of North Carolina · 1893
- Alexander v. . CommissionersSupreme Court of North Carolina · 1874
- Merritt v. . MerrittSuperior Court of North Carolina · 1792
- Ward v. . SuggSupreme Court of North Carolina · 1893