Clemmons v. . Hampton
Supreme Court of North Carolina
Assumpsit, tried before Cloud J., at Eall term 1869 of Eorsyth Court. The Pleas were, General issue, Failure of consideration, Illegality of consideration. The plaintiff declared upon two notes given to him by the defendants in February 1865, for $1,565.00. payable in gold, or its equivalent.
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Assumpsit, tried before Cloud J., at Eall term 1869 of Eorsyth Court. The Pleas were, General issue, Failure of consideration, Illegality of consideration. The plaintiff declared upon two notes given to him by the defendants in February 1865, for $1,565.00. payable in gold, or its equivalent. It was shown that the notes were given for coaches, horses, &c., with which the plaintiff was then carrying the mail for the Confederate States’ government, between High Point and Salem, and that apart of the consideration was, that the defendants should take his place in that contract; and that…
1Opinion of the CourtEodmah, J.
It is unnecessary to cite here the several recent cases in this court, in which the subject of illegal considerations has been discussed. A part of the consideration of the notes sued on, was that the defendants would take the place of the plaintiff, in his contract with the Confederate States, to carry the mail, and perform that service. The plaintiff alleges that the agreement of the defendants in that respect did not at all affect the amount of the notes sued on, which was fixed entirely by the value of the property sold; that as mail contractors were exempt from military service, it was…
2Cited by2 opinions
- Covington v. . ThreadgillSupreme Court of North Carolina · 1883
- Cronly v. . HallSupreme Court of North Carolina · 1872