Legal Opinion

Jarman v. . Saunders

Supreme Court of North Carolina

Decided January 5, 1870PublishedCited by 45 opinions

Motion, to vacate an injunction, heard by Thomas, J., at Eall Term 1869, of Onslow Court. The facts are stated in the opinion. His Honor ordered the injunction to be vacated, and the plaintiff appealed.

1Opinion of the CourtRodman, J.

The complaint states, that the defendant, in some Court, and at some time, (neither are stated, but, as no point was raised on the omission, we suppose we may assume, in the Superior Court of Onslow, at some past time, not very remote,) brought an action against the present plaintiff, upon an endorsement which he had made on the note of one Hill; that the plaintiff had a good defence to said action, in the nature of an accord and satisfaction after action brought, which he would have made in due form, but that, relying on the implied promise of the defendant not to prosecute his said action,…

2Cases cited1 opinion

  1. Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869

3Cited by45 opinions

  1. Sanders v. StateIndiana Supreme Court · 1882
  2. Olivera v. GraceCalifornia Supreme Court · 1942
  3. Cobb v. Clegg.Supreme Court of North Carolina · 1904
  4. Fowler v. FowlerSupreme Court of North Carolina · 1925
  5. State v. ScottSupreme Court of North Carolina · 1921

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