Poindexter v. . Davis
Supreme Court of North Carolina
Civil action tried before Cloud, J., at Spring Term, 1872, of Davidson Superior Court, having been removed from the Superior Court of Stokes, in which the action was commenced, upon the affidavit of the defendants. The bond sued on was executed to the plaintiff by one J. J. Martin, as Chairman of the County Court of Stokes, as principal, and the defendants as sureties, June 10th 1862, for the payment of $3,050.00, one day after date.
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Civil action tried before Cloud, J., at Spring Term, 1872, of Davidson Superior Court, having been removed from the Superior Court of Stokes, in which the action was commenced, upon the affidavit of the defendants. The bond sued on was executed to the plaintiff by one J. J. Martin, as Chairman of the County Court of Stokes, as principal, and the defendants as sureties, June 10th 1862, for the payment of $3,050.00, one day after date. The evidence showed that in June and July, 1871, the county of Stokes, through its County Court, subscribed $10,000 for the purpose of equipping its first four…
1Opinion of the CourtReadf, J.
In the frequent decisions which we have made, to the effect that we will not enforce contracts which were in aid of the rebellion, we are not to be understood as approving of, or aiding the party who attempts to evade his undertaking with his pariiceps crimims. Nor would we lie understood as being favorably impressed by the complacency with which their defences are frequently made, as if they supposed that, whatever crime there might be in a breach of public faith, it is abundantly atoned tor by a breach of private faith ! Bnt, looking beyond these questions of casuistry, our position is,…
2Cases cited1 opinion
- Russell H. Kingsbury v. . William R. SuitSupreme Court of North Carolina · 1872
3Cited by6 opinions
- Davis v. . Board of Comm'rs., Stokes Co. and PoindexterSupreme Court of North Carolina · 1875
- Town of Hillsborough v. SmithCourt of Appeals of North Carolina · 1970
- High Point Bank & Trust Co. v. Highmark Properties, LLCCourt of Appeals of North Carolina · 2013
- Davis v. . Commissioners of StokesSupreme Court of North Carolina · 1876
- Davis v. Board of CommissionersSupreme Court of North Carolina · 1876
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