Richards v. . Schlegelmich
Supreme Court of North Carolina
This was a civil action tried before his Honor, Logan, J., at the Spring Term, 1870, of the Superior Court for Gas-tor County. The complaint was founded upon a promissory note for the payment of money in the following words: Twelve months after date, with interest from date, I promise to pay William Bichards six thousand, six hundred and sixty-two dollars, in the event the Bhodes gold mine continues to prove at the expiration of said time a good gold mine. [Signed.] FEED.
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This was a civil action tried before his Honor, Logan, J., at the Spring Term, 1870, of the Superior Court for Gas-tor County. The complaint was founded upon a promissory note for the payment of money in the following words: Twelve months after date, with interest from date, I promise to pay William Bichards six thousand, six hundred and sixty-two dollars, in the event the Bhodes gold mine continues to prove at the expiration of said time a good gold mine. [Signed.] FEED. SCHLEGELMICH. March 16th, 1868. . The defendant alleged that the said “ gold mine had not continued to prove, nor was it…
1Opinion of the Court
Pearson, O. J.
It was the duty of the Judge to put a-construction upon the instrument sued on. His Honor performed this duty in part, by holding, “there was a condition precedent, and it was incumbent on the plaintiff to prove its performance.” He then leaves it to the jury to find whether it was or was not a good gold mine at the time the note was payable.
Erom this we assume his opinion to be, that by the true construction of the instrument, it was for the plaintiff to satisfy the jury, that it was a good gold mine, according to the estimation of miners, at the time referred to ; in other…
2Cited by3 opinions
- Edwards v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1917
- Miller v. . Parker .Supreme Court of North Carolina · 1875
- Carpenter v. . MedfordSupreme Court of North Carolina · 1888