King v. . Phillips
Supreme Court of North Carolina
This was a petition filed by the defendant, to rehear the •decision rendered in this case at the last term of the Court, and reported on page 555 of volume 94. The errors assigned were: 1st. That'this Court overlooked the fact that the payment of <$907.00 was made and accepted as a settlement and discharge of all the principal money, leaving interest only unsettled, and the plaintiff’s action was one to recover the interest after the principal had been settled. 2d.
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This was a petition filed by the defendant, to rehear the •decision rendered in this case at the last term of the Court, and reported on page 555 of volume 94. The errors assigned were: 1st. That'this Court overlooked the fact that the payment of <$907.00 was made and accepted as a settlement and discharge of all the principal money, leaving interest only unsettled, and the plaintiff’s action was one to recover the interest after the principal had been settled. 2d. That in the opinion, the Court erroneously proceeded upon the idea, that in order to relieve the defendant from liability, it was…
1Opinion of the CourtAshe, J.
(after stating the facts). Upon a careful consideration of the errors assigned, we see no reason for overruling the decision made at the last term. We do not think there was any error in the interpretation given by this Court to the finding of the jury upon the second issue. But conceding its meaning was such as contended for by the defendant, that it establishes the fact that the principal had been paid, and only the interest remained unsettled, still we are unable to see the error complained of by the defendant. It is true, this Court did not take into consideration the question now…
2Cases cited5 opinions
- Hamilton v. . Van RensselaerNew York Court of Appeals · 1871
- Fake v. Addy'sCourt for the Trial of Impeachments and Correction of Errors · 1835
- Southern Central Railroad v. Town of MoraviaNew York Supreme Court · 1871
- Hentz v. . MillerNew York Court of Appeals · 1883
- Rountree v. . Barnett .Supreme Court of North Carolina · 1873
3Cited by18 opinions
- Girard Trust Co. v. United StatesSupreme Court of the United States · 1926
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Matter of Crane v. . CraigNew York Court of Appeals · 1921
- Davis v. HarringtonMassachusetts Supreme Judicial Court · 1894
- Union Trust Co. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1936
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