Ballard v. . Green
Supreme Court of North Carolina
Civil actioN, tried before Goble, J., and a jury, at January'Term, 1896, of Durham Superior Court. The plaintiffs, as trustees for B. L. Dube, sued to recover from the defendant, as administratrix of Lucius Green, the sum of $14,158.65. The defendant answered that the consideration of the contiact under which the balance was alleged to be due was illegal, being for money lent to carry on speculation in futures.
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Civil actioN, tried before Goble, J., and a jury, at January'Term, 1896, of Durham Superior Court. The plaintiffs, as trustees for B. L. Dube, sued to recover from the defendant, as administratrix of Lucius Green, the sum of $14,158.65. The defendant answered that the consideration of the contiact under which the balance was alleged to be due was illegal, being for money lent to carry on speculation in futures. The jury, under the instructions of his Honor, found that while the larger part of the account was tainted by the illegality alleged, the sum of $3,000 had been loaned by the trustor…
1Opinion of the Court
Faircloth, C. J.:
The plaintiff institutes this action and alleges that their assignor, B. L. Dube, loaned the defendant’s intestate a large sum of money, and demands judgment accordingly. ’The defendant admits that the assignor and her intestate were engaged in much specula tion in products, usually called “ futures,” (dignified or nicknamed in the account as “ adventure account and avers that these transactions were utterly void, according to the Act of 1889, Ch. 221, and pleads the same in defense to this action. Two issues were submitted to the jury: 1. “ Was the consideration of the…
2Cases cited2 opinions
- Morris v. . PearsonSupreme Court of North Carolina · 1878
- Williams v. . CarrSupreme Court of North Carolina · 1879
3Cited by2 opinions
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