State Ex Rel. J. S. Wood & Co. v. Skinner
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Perquimons County, at Spring Term, 1843, his Honor Judge Pearson presiding. This was an action of debt upon the bond of the defendant, Skinner, and the others, his sureties as constable. The bond was :in the usual form, and dated 10th of February, 1840. The breaches assigned were, 1st failing to pay over money collected ; 2dly. failing to collect. Pleas, conditions performed, conditions not broken.
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Appeal from the Superior Court of Law of Perquimons County, at Spring Term, 1843, his Honor Judge Pearson presiding. This was an action of debt upon the bond of the defendant, Skinner, and the others, his sureties as constable. The bond was :in the usual form, and dated 10th of February, 1840. The breaches assigned were, 1st failing to pay over money collected ; 2dly. failing to collect. Pleas, conditions performed, conditions not broken. On the trial, the plaintiff produced two receipts of the defendant Skinner, as constable. The first set forth a number of small notes and by whom signed,…
1Opinion of the CourtGaston, J.
We are not called upon by this appeal to examine the several matters, which were discussed on the trial of this cause, but only the opinion of the court, in deference to which the plaintiff submitted to a nonsuit. That opinion was, '* that where the agent,” a constable who had received a claim for collection, “ had, before suit brought, tendered back the paper and had it ready at the trial to be handed over and the debtor was still good, the measure of damages was not the amount of the debt, but nominal damages only.” And in this opinion, as declaratory of the rule applicable to the case…
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- Newton v. Standard Fire InsuranceSupreme Court of North Carolina · 1976
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