Brickell v. . Bell
Supreme Court of North Carolina
■Civ-il Action heard on complaint and demurrer at November Special Term, -1880, of Halifax Superior Court, -before Graves, J. This action was brought -in the superior court to recover ■the amount due upon the following bond; On demand the first of*January, 18-76, we, or either of us promise to pay to John Whitfield or order two hundred and forty-five dollars in current funds.
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■Civ-il Action heard on complaint and demurrer at November Special Term, -1880, of Halifax Superior Court, -before Graves, J. This action was brought -in the superior court to recover ■the amount due upon the following bond; On demand the first of*January, 18-76, we, or either of us promise to pay to John Whitfield or order two hundred and forty-five dollars in current funds. Dated February 18th, 1865. Before the ■suit was commenced, the bond was assigned to plaintiffs’ testator for value. The defendants demurred to the complaint upon the ground that it appeared on its face the court had no…
1Opinion of the CourtAshe, J.
The ’questions presented for our consideration by the appeal arel
1. Was'the bond sued on subject to the scale?
■2. If it was, did the superior court have jurisdiction?
By the ordinance of the convention of 1865, all executory contracts solvable in money, whether under seal or not, made after the depreciation of said currency, before the first day of May,-1865, and yet unfulfilled (except official bonds' and personal bonds payable to the state) shall be deemed to-have been made with the understanding that they were-solvable in money of the value of sa-id currency, subject-nevertheless to…
2Cases cited9 opinions
- Dalton v. . WebsterSupreme Court of North Carolina · 1880
- Hedgecock v. . DavisSupreme Court of North Carolina · 1870
- Derr v. . StubbsSupreme Court of North Carolina · 1880
- McKesson and Hunt v. . Jones, Mendenhall and CarterSupreme Court of North Carolina · 1872
- Chapman v. . WacaserSupreme Court of North Carolina · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Usry v. . SuitSupreme Court of North Carolina · 1884
- Witt v. . LongSupreme Court of North Carolina · 1885
- Martin v. . GoodeSupreme Court of North Carolina · 1892
- Utley v. . YoungSupreme Court of North Carolina · 1873
- Woodlief v. Wester.Supreme Court of North Carolina · 1904