Willoughby v. . Threadgill
Supreme Court of North Carolina
Civil aotioN, to recover the- value of a note, tried before bis Honor, Judge Buxton, and a jury, at the Fall Term, 1874, of Ah&ON Superior Court, upon an appeal from a Justice’s Court.
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Civil aotioN, to recover the- value of a note, tried before bis Honor, Judge Buxton, and a jury, at the Fall Term, 1874, of Ah&ON Superior Court, upon an appeal from a Justice’s Court. The note sued on, was made payable to the plaintiff by defendants, for $140 and dated 29th of May, 1862, due-day of -, 1862, the consideration being the rent of a blacksmith shop and tools, hire of a slave and board in 1862. The plaintiff alleged that this consideration was worth. $140 in currency,. and introduced evidence tending to prove it. The evidence introduced by the defendant tended to prove that the…
1Opinion of the CourtSettle, J.
This case is somewhat like that of Houston v. Potts, 65 N. C. Rep., 41, differing, however, in some important particulars.
1. In Houston v. Potts, we infer that the j nry had dispersed and gone beyond the call of the Court, while in this case they were in the court room when his Honor returned after a short recess.
2. In that case there was a question of fact as to whether the contract was made in North or South Carolina, and whether the interest should be six or seven per cent., while in this case no such issue was presented, the law fixing and giving interest as soon as the contract was…
2Cases cited1 opinion
- Houston Ex Rel. Wordsworth v. PottsSupreme Court of North Carolina · 1871
3Cited by14 opinions
- Chisholm v. HallSupreme Court of North Carolina · 1961
- Cole v. . LawsSupreme Court of North Carolina · 1889
- State v. Godwin.Supreme Court of North Carolina · 1905
- McCabe Lumber Co. v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1924
- Allen v. . YarboroughSupreme Court of North Carolina · 1931
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