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5 N.C. 157

Singleton v. Ogden

Supreme Court of North Carolina

Decided July 15, 1807

Supreme Court of North Carolina · decided 1807-07-15

Street Newbern district. On the iOth day of May, 1774, Spiers Singleton for him-?elf and Benjamin Caswell, his partner in trade, gave a bond to Samuel Caswell, then of Newbern in N. Carolina, for the penalty of Li.080, proclamation money, conditioned for the payment of Z540 like money, ontheiOthday of March ensuing ; and on or about the 23d day of Novem-her, 1774, for- himself, another bond for the penal sum of 1,2796, proclamation money, conditioned for the payment X1397 13…

Decided 1807-07-15

By the Court

¶1The defendants intestate in this case promised not to demand interest for the time the depreciated currency was offered to him in payment: and the circumstance that ho thereby avoided receiving what the law and Ihe necessity of the times then made a legal tender, and which must unavoidably have sunk to nothing in his hands, affords such a consideration to support his promise as to entire the complainant to the aid of a Court of Equity to enforce a compliance with it. 1 he injunction must therefore fee made perpetual as prayed for by complainant.

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