Legal Opinion

Gooch v. . Faucett

Supreme Court of North Carolina

Decided March 22, 1898Published

Civil action tried at April Term, 1897, of Granville Superior Court before Allen, J., and a jury, on appeal from judgment of a Justice of the Peace. There was a verdict followed by judgment for the defendant and plaintiff appealed. The facts are stated in the opinion.

1Opinion of the Court

Faircloth, C. J.:

O. H. Morton and defendant agreed to have a horse race and it was also agreed that the winner should have the other’s horse. The race was run and Morton was the winner, and they valued defendant’s horse at $100 and instead of delivering the horse he gave his note to Morton for $100. All this occurred in the State of Virginia. Subsequently the defendant renewed said note for principal and interest and gave the note sued on, which was assigned to plaintiff after maturity. The renewal took place in North Carolina. Without deciding whether the renewal was a North Carolina…

2Cases cited4 opinions

  1. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  2. Pope v. HankeIllinois Supreme Court · 1894
  3. Griffin v. . CarterSupreme Court of North Carolina · 1848
  4. Cade v. . DavisSupreme Court of North Carolina · 1887

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