Harris v. . Horner
Supreme Court of North Carolina
The plaintiff obtained a judgment before a justice, on an attachment against Stephen Clements, for one hundred dollars, with interest from the 21st December, 1826, to the rendition of the judgment, on the 29th of January, 1829. Two dollars were paid on the same. Clements was in the state of Tennessee. The judgment was left in the hands of John J. Carrington, (the plaintiff alleges as his agent,) to have it sent to Tennessee, and collected.
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The plaintiff obtained a judgment before a justice, on an attachment against Stephen Clements, for one hundred dollars, with interest from the 21st December, 1826, to the rendition of the judgment, on the 29th of January, 1829. Two dollars were paid on the same. Clements was in the state of Tennessee. The judgment was left in the hands of John J. Carrington, (the plaintiff alleges as his agent,) to have it sent to Tennessee, and collected. John J. Carrington sent James Carrington to Tennessee, as his agent, to collect this judgment, and other claims which he had against other persons in that…
1Opinion of the Court
Daniel, Judge,
after stating the facts as above set forth, proceeded. — There has been a great deal of testimony taken in this cause. We have examined it, and are satisfied, that the judgment in favour of the plaintiff, against Stephen Clements, as mentioned in the bill, was truly the property of the plaintiff; and that it had been placed in the hands of John J. Carrington, as agent of the plaintiff, to be sent to the state of Tennessee for collection. The defendant, by his admissions, had sufficient evidence before him, to put him upon inquiry, if he had in fact advanced or paid at the time a…
2Cited by2 opinions
- American National Bank v. DewSupreme Court of North Carolina · 1917
- Brooks v. Sullivan.Supreme Court of North Carolina · 1901