Legal Opinion

McKesson and Hunt v. . Jones, Mendenhall and Carter

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 6 opinions

Civil action tried before Mitchell, Judge, at Spring Term 1871 oí Burke Superior Court. The following is a statement of the case made out by the presiding Judge: “ This was a civil action on a bond, made 14th November, 1863, payable two years after date, in the current funds cf the country when due.” The consideration of said bond, was the lease of a tract of land belonging to the heirs at law of J. S. 0. McDowell, dec’d.

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Civil action tried before Mitchell, Judge, at Spring Term 1871 oí Burke Superior Court. The following is a statement of the case made out by the presiding Judge: “ This was a civil action on a bond, made 14th November, 1863, payable two years after date, in the current funds cf the country when due.” The consideration of said bond, was the lease of a tract of land belonging to the heirs at law of J. S. 0. McDowell, dec’d. Defendants admitted the execution of the bond, but relied on several defences set forth in their answer. 1. That plaintiffs could only recover, if at all, the actual value…

1Opinion of the CourtRodmaN, J.

On the 14th of November, 1863, the defendants who were partners under the name of Jones, Mendenhall & Carter, rented of the plaintiffs certain lands for two years from that day, and to secure the rents made to plaintiffs two promissory notes, the first payable at one, and the second at two years from date. The first was paid on* or after maturity in Confederate money. The second is now sued on and is in the following words:

$4000.

Two years after date we promise to pay W. F. McKesson and Hunt four thousand dollars for that portion of the McDowell land we have rented, the same to be paid in the…

2Cases cited4 opinions

  1. McKesson v. . MendenhallSupreme Court of North Carolina · 1870
  2. Robeson, Adm'r, C. v. . Brown and AnotherSupreme Court of North Carolina · 1869
  3. Martin v. . McMillan's Adm'r. .Supreme Court of North Carolina · 1869
  4. Hilliard v. . MooreSupreme Court of North Carolina · 1871

3Cited by6 opinions

  1. Electrova Co. v. Spring Garden InsuranceSupreme Court of North Carolina · 1911
  2. Brickell v. . BellSupreme Court of North Carolina · 1881
  3. Williams v. . MonroeSupreme Court of North Carolina · 1872
  4. Johnson v. . MillerSupreme Court of North Carolina · 1877
  5. Phillips v. . HookerSupreme Court of North Carolina · 1867

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