Moore v. . Fuller
Supreme Court of North Carolina
This was an aotioN of debt on a bond, brought by appeal from a justice of the peace to the Superior Court of Rocking-ham, and there tried before his Honor Judge DiCK, at the Spring Term, 1855, of that Court. The bond declared on was for $552, due the first day of May, 1852, on the back of which was endorsed a credit in the following words and figures, viz : “ September 7th, 1852. Eec’d. of the within note five hundred and fifty dollars of the within note.”
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This was an aotioN of debt on a bond, brought by appeal from a justice of the peace to the Superior Court of Rocking-ham, and there tried before his Honor Judge DiCK, at the Spring Term, 1855, of that Court. The bond declared on was for $552, due the first day of May, 1852, on the back of which was endorsed a credit in the following words and figures, viz : “ September 7th, 1852. Eec’d. of the within note five hundred and fifty dollars of the within note.” The plaintiff introduced a witness who testified that the parties came to his house on the day of the date of the above credit, and the…
1Opinion of the CourtNash, C. J.
In the charge of his Honor, w,e think there is error, and that he ought to have charged as requested by the defendant’s counsel. The defendant was indebted to the plaintiff by a bond for $550, which, after maturity, he paid to the plaintiff in discharge of the principal. The action is in deb.t, and the declaration on the bond. The action cannot be sustained.
The general principle is, that where the principal subject of a elaim is extinguished by the act of the plaintiff, or of the parties, all its incidents go with it. Thus, in an action of ejectment, if the plaintiff, pending the suit, takes…
2Cases cited1 opinion
- Fake v. Addy'sCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by5 opinions
- State ex rel. McConnell v. Park Bank & Trust Co.Tennessee Supreme Court · 1924
- Alexander v. City of AtlantaCourt of Appeals of Georgia · 1928
- P. W. Brooks & Co. v. North Carolina Public Service Co.Court of Appeals for the Fourth Circuit · 1930
- P. W. Brooks & Co. v. North Carolina Public Service Co.District Court, M.D. North Carolina · 1929
- Hoffman v. UngerWest Virginia Supreme Court · 1943