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1 N.C. 36

Bettner v.

Superior Court of North Carolina

Decided September 15, 1796

Superior Court of North Carolina · decided 1796-09-15

CASE on a foreign bill of exchange, protested for non acceptance. The defendant suffered a default: on executing the writ of enquiry,a question arose, whether the plaintiff was bound to give notice to the defendant, that his bill had been dishonoured before he could bring suit? and by the Court, the defendant, by suffering a default, has admitted the declaration to the amount of the bill.

Good law ✅— No negative treatment on recordhow we know

Decided 1796-09-15

How this case has been cited

Cited by 7 later decisions — most recently May 2011

6 state decisions

2017961800181018201830184018501860187018801890190019101920193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1But after great deliberation,

the Court

¶2was of opinion that the plaintiff ought to prove notice to entitle himself to extraordinary interest and damages, and having failed so to do, was only entitled to 6 per cent, and the jury found a verdict accordingly.

M’Coy, J. and Stone, J. present.
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