Williams v. . Monroe
Supreme Court of North Carolina
Civil action upon a promissory note, given by the defendant’s testator to the plaintiff’s testator, and tried at the last term of Cumberland Superior Court, before Buxton, J. The note sued on was in the following words: December 12th, 1864. Borrowed of Duncan Murchison, Esq., President Little Eiver Manufacturing Company, twelve thousand dollars, onelialf of which I promise to pay two years after the termination of this war, without interest, in the then currency.
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Civil action upon a promissory note, given by the defendant’s testator to the plaintiff’s testator, and tried at the last term of Cumberland Superior Court, before Buxton, J. The note sued on was in the following words: December 12th, 1864. Borrowed of Duncan Murchison, Esq., President Little Eiver Manufacturing Company, twelve thousand dollars, onelialf of which I promise to pay two years after the termination of this war, without interest, in the then currency. In this sum is included sixteen hundred dollars, which I wish handed to Adolphus to pay my county dues, and if all is not required…
1Opinion of the CourtDick, J.
The rules of law which govern this case are so well settled by recent decisions of this Court, that they need no further discussion; McKesson v. Jones, 66 N. C. 258, Chapman v. Wacasser, 64 N. C. 532, and other cases. The terms of the contract, upon which this action is founded, "were made definite by the express agreement of the parties, and the legal presumptions created by statute, as to business transactions during the rebellion, do not arise. The money to be paid was only half of the amount borrowed, and was not to bear interest until two years after the war, which was the time of…
2Cases cited2 opinions
- McKesson and Hunt v. . Jones, Mendenhall and CarterSupreme Court of North Carolina · 1872
- Chapman v. . WacaserSupreme Court of North Carolina · 1870
3Cited by1 opinion
- Johnson v. . MillerSupreme Court of North Carolina · 1877