Parker v. . McDowell
Supreme Court of North Carolina
Civil ACTION, tried before MctoRae, Judge, at Fall Term, 1885, of BladeN Superior Court. The action was heard upon a case agreed, and the facts are as follows: The plaintiff’s action is based upon a certain paper writing of which the following is a copy : Fayetteville, N. C., Dec. 5, 1882. $205.00. Sixty days after date, I promise to pay to A. Moore, or order, two hundred and five dollars, for value received, negotiable and payable at the People’s National Bank, of…
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Civil ACTION, tried before MctoRae, Judge, at Fall Term, 1885, of BladeN Superior Court. The action was heard upon a case agreed, and the facts are as follows: The plaintiff’s action is based upon a certain paper writing of which the following is a copy : Fayetteville, N. C., Dec. 5, 1882. $205.00. Sixty days after date, I promise to pay to A. Moore, or order, two hundred and five dollars, for value received, negotiable and payable at the People’s National Bank, of Fayetteville, N. C., with interest after maturity at the rate of eight per cent, per annum, until paid, for money loaned.…
1Opinion of the CourtAshe, J.
(after stating the facts). The defendant insisted there was error in the judgment of the Court below, and to sustain his contention, relied upon the decision of the Court in the cases of Respass v. Latham, Busb., 138; Dewey v. Cochran, 4 Jones, 184, and Southerland v. Whitaker, 5 Jones, 5. But these decisions do not have any application to the case under consideration. Bespass v. Latham was an action upon a sealed instrument, brought by the assignee against the obligees. The obligees refused to receive the bond, and returned it to one of the obligors. Some eight days after its presentation…
2Cited by3 opinions
- Rabb v. SeidelTexas Commission of Appeals · 1923
- Parker v. . SuttonSupreme Court of North Carolina · 1889
- Respass v. . LathamSupreme Court of North Carolina · 1852