Hunter v. . Anthony
Supreme Court of North Carolina
Assumpsit, tried before Howard, J., at tlie last Spring Term of Orange Superior Court. The plaintiff declared on the following order, in writing, and the acceptance thereon, to wit: £: Mr. William Anthony ! Please pay to James T. Hunter, constable, all the executions in his hands for collection as they come due against me and brother; this March 4th, 1857. J. W. Holt.”
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Assumpsit, tried before Howard, J., at tlie last Spring Term of Orange Superior Court. The plaintiff declared on the following order, in writing, and the acceptance thereon, to wit: £: Mr. William Anthony ! Please pay to James T. Hunter, constable, all the executions in his hands for collection as they come due against me and brother; this March 4th, 1857. J. W. Holt.” Endorsed thereon was the following: “The within order this day excepted by William Anthony, March 4th, 1857.” William Anthony.” The plaintiff then offered, in evidence, sundry jus'tices judgments in favor of divers persons…
1Opinion of the CourtPearson, C. J.
The papers which were in the hands of the plaintiff, can be made to fit the description given in the acceptance of the defendant by aid of the maxim, ut res magis valeat quam pereat, which means that instruments should be liberally construed, so as to give them effect and carry out the intention of the parties, and when an instrument is susceptible of two constructions, one by which it will take effect, and the other, by which it will be inoperative .for the want of a subject-matter to act on, it shall receive that construction, which will give it effect. This rule is based on the…
2Cited by3 opinions
- Edwards v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1917
- Torrey v. . CannonSupreme Court of North Carolina · 1916
- Pass v. . CritcherSupreme Court of North Carolina · 1893