Martin v. . Worth
Supreme Court of North Carolina
Civil Action, tried at June Special Term, 1883, of Wake Superior Court, before Philips, J. The facts are stated in the opinion of this court. The Attorney-General filed a demurrer to the plaintiff’s complaint, which, upon the hearing of the case in the court below, was overruled, and the defendant appealed.
1Opinion of the CourtSmith, C. J.
The facts contained in the complaint and admitted in the demurrer upon which our interpretation is demanded are these : .
In the month of April, .1862, Ered. Fisher, Daniel M. Barringer, of whom two of the plaintiffs are successors, and William S. Mason, the other plaintiff, as trustees under the will of one Josiah Ogden Watson, and in execution of the trusts therein declared, held five several bonds of the state, each in the sum of five thousand dollars, which had matured in January preceding.
At the time first mentioned, the said trustees delivered three of the bonds to the treasurer then in…
2Cases cited2 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Rand v. StateSupreme Court of North Carolina · 1871