Cherry v. . Savage
Supreme Court of North Carolina
Debt, tried before Jones, J., at January Special Term 1870, of Edgecombe Court. The plaintiff declared' upon a bond for-money, in the usual form, payable to himself as administrator, &c. at six months, by the defendant, and executed January 18th 1885, and proved that it was given at a sale made by him, and that before the sale, proclamation was made of the terms, by reading aloud a written statement (amongst other things) that “Confederate notes will not be taken”; also that…
Read the full summary
Debt, tried before Jones, J., at January Special Term 1870, of Edgecombe Court. The plaintiff declared' upon a bond for-money, in the usual form, payable to himself as administrator, &c. at six months, by the defendant, and executed January 18th 1885, and proved that it was given at a sale made by him, and that before the sale, proclamation was made of the terms, by reading aloud a written statement (amongst other things) that “Confederate notes will not be taken”; also that after these terms were read, and before the sale, as they did not state what sort of money tvoulcl ~be received, the…
1Opinion of the CourtDick, J.
It appears from the evidence introduced by the plaintiff, that the note sued on was given on the 18th clay of January 1865, for property purchased at an administrator’s sale. Before the sale was made, it was distinctly announced by the auctioneer, as one of the terms of sale, that Confederate money would not be received in payment, from the purchasers. This evidence fully rebutted the presumption created by the Ordinance, of Oct. 18th 1865, and the Acts of 1866, chapters 38 and 39.
In the case of Laws, Adm'r. v. Rycroft, at this term, the collateral contract was not sufficiently definite to…
2Cited by2 opinions
- Johnson v. . MillerSupreme Court of North Carolina · 1877
- Smith, Adm'r. v. . LawrenceSupreme Court of North Carolina · 1875