McKesson v. . Mendenhall
Supreme Court of North Carolina
Action for money, tried before Mitchell, J., at Eall Term 1869 of Burke Court. The complaint set forth as the ground of action, a note, of which the following is a copy:— $4,000. Two years after date we promise to pay McKesson & Hunt four thousand dollars for that portion of the McDowell land we have rented; the same to be paid in the current funds of the country when due; this 14th of November 1863. Jones, Mendenhall and Carter.”
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Action for money, tried before Mitchell, J., at Eall Term 1869 of Burke Court. The complaint set forth as the ground of action, a note, of which the following is a copy:— $4,000. Two years after date we promise to pay McKesson & Hunt four thousand dollars for that portion of the McDowell land we have rented; the same to be paid in the current funds of the country when due; this 14th of November 1863. Jones, Mendenhall and Carter.” The answer alleged that the land for which the note was given, belonged, at the time of lease, and ever since, to certain persons, who are now bringing suit against…
1Opinion of the CourtDick, J.
The defendants, in their answer, allege that the note upon which the action was brought, was given for the rent of a tract of land, which the plaintiffs had no power to demise. They further allege, that an action has been com menced against one of them by the owners of the land, to recover damages, for the unlawful possession held under the lease of the plaintiffs.
These allegations in the answer, if true, constitute a good counter-claim, as it is a cause of action arising out of the transaction which induced the contract set forth in the complaint as the foundation of the plaintiff’s claim:…
2Cases cited1 opinion
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
3Cited by5 opinions
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