Hubbard v. . Troy
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law of Randolph County at the Spring Term, 1841, his Honor Judge Pearson presiding.. The plaintiff declared in assumpsit on the following instrument in writing, to wit, “Feb’y 26th, 1837. Jonathan Chnrch Esquire, please pay to M. M. Troy or order, thirty two dollars and sixty eight cents, and charge yours, &c. John B. Troy,” which was endorsed, to the plaintiff by M. M. Troy for a valuable consideration.
Read the full summary
This was an appeal from the judgment of the Superior Court of Law of Randolph County at the Spring Term, 1841, his Honor Judge Pearson presiding.. The plaintiff declared in assumpsit on the following instrument in writing, to wit, “Feb’y 26th, 1837. Jonathan Chnrch Esquire, please pay to M. M. Troy or order, thirty two dollars and sixty eight cents, and charge yours, &c. John B. Troy,” which was endorsed, to the plaintiff by M. M. Troy for a valuable consideration. The defendant pleaded the general issue. On the trial, the plaintiff, after reading the instrument declared on, offer, ed in…
1Opinion of the CourtRuffin, C. J.
Notwithstanding the act of 1762, Rev. St. c. 13, s. 2, the action is maintainable for the principal and interest due on the order, although not protested for nonacceptance. In practice, inland bills have always been recovered on, to that extent, without a protest. Our statute is like those of 9 & 10 Will. 3, c. 17, and 3 & 4 Ann, c. 9, s. 4, from which it was probably taken. They all relate to damages and the costs of postage, brokerage, commission and the like — none of which can be recovered without protest. But it has long been held that the remedy given by those statutes is cumulative;…
2Cited by2 opinions
- Neal v. Pender-Hyman Hardware Co.Supreme Court of North Carolina · 1898
- National Bank of Asheville v. BradleySupreme Court of North Carolina · 1895