Hall v. . Commissioners of Guilford
Supreme Court of North Carolina
This was a civil actioN, tried before Kerr, J., at December Term, 1815, of Guileobd Superior Court. The suit was brought to recover the value of certain coupons on bonds of tbe county of Guilford, issued in pursuance of Legislative authority, which the defendant had refused to pay upon the ground, “ that- the bonds were issued by mistake, on account of misrepresentation and fraud practiced upon the Board of Commissioners of Guilford county, by the plaintiff, and that such…
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This was a civil actioN, tried before Kerr, J., at December Term, 1815, of Guileobd Superior Court. The suit was brought to recover the value of certain coupons on bonds of tbe county of Guilford, issued in pursuance of Legislative authority, which the defendant had refused to pay upon the ground, “ that- the bonds were issued by mistake, on account of misrepresentation and fraud practiced upon the Board of Commissioners of Guilford county, by the plaintiff, and that such fraud and mistake were not known to 'the defendant until after the bonds were issued and the interest paid. The defendant…
1Opinion of the CourtReads, J.
Before C. C. P., if parties accounted with each other, and the debtor gave the creditor his bond for the balance due, every thing was merged in the bond; and, at lowy the debtor was not allowed to set up any defence of mistake or fraud in the settlement or in the consideration of the bond:, but if such mistake or fraud were alleged and proved,, he could have relief in equitij. Now, we administer both law and equity in the same civil action. If, therefore, there was mistake or fraud in the consideration of the bonds sued on, the defendants may show it in this action, and have the benefit of it…
2Cited by1 opinion
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