Moore v. . Harkins

Decided May 31, 1916

Supreme Court of North Carolina · decided 1916-05-31

Civil actioN tried before Harding, J., and a jury, at February Term, 1916, of BuNcombe. Tbis is an action brought upon the drafts described in the complaint, five for $200 each, dated 18 February, 1880, and one for $400, dated 19 February, 1880. The drafts were drawn in favor of the plaintiff by H. S. Harkins, intestate of tbe defendant, then a deputy United States marshal, on E. M. 'Douglas, United States marshal, and were never accepted by the drawee.

Cited by 2 later decisions — most recently November 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1916-05-31

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AlleN, J.

¶1 The plaintiff testified: “The six drafts belong to me. I have had possession of them all the time since they were given, and I promptly told Douglas about them or I wrote him about them at once. I know they were not to be paid until Douglas got the money from the Government to pay them, and so did Harkins.”

¶2 This evidence was admitted without objection, and, if true, the right of action has not accrued to the plaintiff, as the Government has not paid any part of the money claimed to be due on the account of E. M. Douglas, and the plaintiff says the drafts “were not to be paid until Douglas got the money from the Government.” Sykes v. Everett, 167 N. C., 606; Buskirk v. Kuhns, 32 A. and E. Anno. Cases, 932.

¶3 There was, therefore, no error in entering judgment of nonsuit.

¶4 Affirmed.