Battle v. . Thompson
Supreme Court of North Carolina
This was an action of Debt brought under the old system, tried before Bussell, J., at Spring Term, 1871, of Bobeson Court. The plaintiff declared upon a single bill executed by the defendant and payable to the plaintiff as Public Treasurer of North Carolina, and his successors in office, the consideration whereof, was a lot of cotton sold by the plaintiff, as Treasurer aforesaid, to the defendant.
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This was an action of Debt brought under the old system, tried before Bussell, J., at Spring Term, 1871, of Bobeson Court. The plaintiff declared upon a single bill executed by the defendant and payable to the plaintiff as Public Treasurer of North Carolina, and his successors in office, the consideration whereof, was a lot of cotton sold by the plaintiff, as Treasurer aforesaid, to the defendant. The plaintiff relied upon the plea of set-off, and for the purpose of establishing said plea, offered in evidence, coupons taken from bonds executed by the State of North Carolina, to the amount of…
1Opinion of the CourtPearson, C. J.
The State has the beneficial interest in the note sued on. The question will be considered as if the action was in the name of the State, and the debts mutual.
The defendant holds an unconnected cross demand against the State, and the question is can he -.use it as a defence to the action ? In an action by an individual, the demand would be ■available as a counter claim, under 2 clause, sec. 101, C. C. P. “ a cause of action arising on contract, and existing at the commencement of the action.” In this instance the counter claim is precisely the same as a set-off under Rev. Code, chap. 31,…
2Cited by13 opinions
- Gatling v. . Commissioners of CarteretSupreme Court of North Carolina · 1885
- Cobb v. Corp. of Elizabeth CitySupreme Court of North Carolina · 1876
- State ex rel. Young v. HolgateSupreme Court of Minnesota · 1909
- State Ex Rel. Board of Commissioners v. BlueSupreme Court of North Carolina · 1925
- State Ex Rel. Morganton Graded School v. McDowellSupreme Court of North Carolina · 1911
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