Martin v. . Richardson
Supreme Court of North Carolina
« Civil action, tried before Tourgee, J., at Fall Term, 1872, of Rockingham Superior Court. Tbe following facts are agreed.
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« Civil action, tried before Tourgee, J., at Fall Term, 1872, of Rockingham Superior Court. Tbe following facts are agreed. On the 30th day of July, 1855, the defendants executed their bond to the plaintiff for the sum of $950, which bond the plaintiff held until 1862. Sometime in that year one James L. Cardwell, with the view of purchasing a lot of tobacco from the defendant, Richardson, and which he would only sell for specie, went to the plaintiff and purchased the bond, the subject of this action, and gave therefor his own bond for the same amount, and thereupon the bond now in suit was…
1Opinion of the CourtSettle, J.
The principle governing this case is decided in Harris v. Parham, 65 N. C. Rep. 584; But it was said upon the argument, that as the plaintiff had assigned the bond on the defendant to Cardwell, without endorsement, in 1862, and received it again from Cardwell in 1866, still without endorsement, he had never parted with the legal title, and. that therefore the bond from Cardwell to the defendant constituted no set off to the bond sued on, notwithstanding the agreement to that effect between Cardwell and the defendant.
This position is answered by the decision above cited. It declares that the…
2Cases cited3 opinions
- Harris v. . BurwellSupreme Court of North Carolina · 1871
- Riddick v. . MooreSupreme Court of North Carolina · 1871
- McConnaughey v. . ChambersSupreme Court of North Carolina · 1870
3Cited by6 opinions
- William Iselin & Co. v. SaundersSupreme Court of North Carolina · 1950
- Adrian v. . McCaskillSupreme Court of North Carolina · 1889
- Horne v. Peoples BankSupreme Court of North Carolina · 1891
- Burroughs & Springs v. Bank of CharlotteSupreme Court of North Carolina · 1874
- Burroughs v. . BankSupreme Court of North Carolina · 1874
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