Critcher v. . Holloway
Supreme Court of North Carolina
Debt, tried before Watts, J., at Spring Term 1870, of' Granville Court. The cause of action was a bond for $1,600, dated February 3d 1863, the consideration of which was the loan of money, to be used, as the plaintiff knew, for the purpose of putting into tbe Confederate army a substitute for tbe defendant Holloway. His Honor instructed tbe jury tbat this formed an illegal consideration, and tbat tbe plaintiff, therefore, could not recover. Verdict for tbe defendant, &c.
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Debt, tried before Watts, J., at Spring Term 1870, of' Granville Court. The cause of action was a bond for $1,600, dated February 3d 1863, the consideration of which was the loan of money, to be used, as the plaintiff knew, for the purpose of putting into tbe Confederate army a substitute for tbe defendant Holloway. His Honor instructed tbe jury tbat this formed an illegal consideration, and tbat tbe plaintiff, therefore, could not recover. Verdict for tbe defendant, &c. Appeal by tbe plaintiff. cited Martin v. McMillan, 63 N. 0. 486; Turner v. N. G. R. R. Go., Ib. 522 ; Clemmons v. Hampton,…
1Opinion of the Court
Dick:, J.
Money lent for tbe purpose of equipping soldiers for tbe Confederate army, cannot be recovered in tbe Courts of the rightful government: Smiiherman v. Sanders, at this term. In our case tbe money was loaned by tbe plaintiff to tbe principal obligor, with a fab knowledge that it was to be used for tbe purpose of sending a substitute to tbe Confederate army. If this object was illegal, then tbe plaintiff cannot recover.
The Confederate army was sustaining a rebellion against tbe rightful government, and it must necessarily follow tbat any act done voluntarily, and with a knowledge tbat…
2Cited by5 opinions
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