Outlaw v. . Farmer
Supreme Court of North Carolina
Civil aotioN, commencing in a Justice’s Court, for the recovery of a bond, and carried by appeal to the Superior Court of "Wayhe County, where it was tried before Buxton, J., at the January (Special) Term, 1874, upon the following case agreed; The complaint of the plaintiffs was on a sealed instrument, purporting to be a bond, and of the following tenor ; “ Six months after date, we or either of ns promise to pay to John Lewis or James Parker, agents, by agreement with the…
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Civil aotioN, commencing in a Justice’s Court, for the recovery of a bond, and carried by appeal to the Superior Court of "Wayhe County, where it was tried before Buxton, J., at the January (Special) Term, 1874, upon the following case agreed; The complaint of the plaintiffs was on a sealed instrument, purporting to be a bond, and of the following tenor ; “ Six months after date, we or either of ns promise to pay to John Lewis or James Parker, agents, by agreement with the heirs of Anna Herring, deceased, the sum of one hundred and twenty-five dollars and fifty cents, as witness our hands and…
1Opinion of the CourtByNum, J.
1. The first exception of the defendant is, that bis Honor refused to hold that the bond, payable “to John Lewis or James Parker,” was void.
The bond shows upon its face that the payees were joint agents. In such case this Court has recently decided that the word “ or ” will be construed “ and.” Parker v. Carrow, 64 N. C. Rep., 563. It is not necessary to enquire whether this-would be a good bond without this construction.
2. The second exception is, that his Honor rejected the evidence offered by the defendants.
We incline to the opinion that the evidence offered was admissible, upon the…
2Cases cited2 opinions
- Parker v. . CarsonSupreme Court of North Carolina · 1870
- State v. . PurdieSupreme Court of North Carolina · 1872
3Cited by6 opinions
- Baker v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1884
- Barrett v. SteeleSupreme Court of Oklahoma · 1941
- McNeill v. . HodgesSupreme Court of North Carolina · 1880
- Walker v. Portland Savings BankSupreme Judicial Court of Maine · 1915
- Filhour v. . GibsonSupreme Court of North Carolina · 1847
1 more not listed; retrieve them via the Exa API.