Terrell v. . Walker
Supreme Court of North Carolina
This was an action of debt tried before his Honor, Tow-gee, J., at the Spring Term, 1870, of the Superior Court for the County of Person.
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This was an action of debt tried before his Honor, Tow-gee, J., at the Spring Term, 1870, of the Superior Court for the County of Person. The suit was upon a promissory-note made by the defendants, Walker & Co., to the defendants, Wade & Co., for the sum therein mentioned, dated. 24th July, 1862, with interest from the 16th July, 1862, and assigned to the plaintiff in April, 1867. The defendants, pleaded, payment, set off, tender and refusal, and the statutes for scaling debts solvable in Confederate currency. It was proved that the note sued on was given for one which Wade & Co. had…
1Opinion of the CourtRodman, J.
The note sued on was made by Walker &. Co. to Wade & Co., on 24th July, 1862; the consideration was Confederate money loaned by Wade & Co. to Walker & Co., which the former held as the agent of the plaintiff. We see nothing in the circumstances attending the making of the note to prevent a recovery by the plaintiff according to the legislative scale for Confederate currency of July, 1862. Even if there were no evidence (as we think there, was) tending to show an agreement by the plaintiff, personally, or by his agent Wade, to receive Confederate money,, yet the Act of 1866 creates such a…
2Cases cited1 opinion
- Patton v. . HuntSupreme Court of North Carolina · 1870
3Cited by8 opinions
- Parker v. . BeasleySupreme Court of North Carolina · 1895
- Headman v. Board of CommissionersSupreme Court of North Carolina · 1919
- J. C. Terrell v. . J. D. WalkerSupreme Court of North Carolina · 1872
- City of Chicago v. Chicago City Railway Co.Appellate Court of Illinois · 1927
- Love v. . JohnstonSupreme Court of North Carolina · 1875
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