Rhyne v. . Wacaser

Decided June 5, 1868

Supreme Court of North Carolina · decided 1868-06-05

Debt, tried before Little*J., at the Spring Term 1868, of the Superior Court of Lincoln. The plaintiff sued upon a bond, executed to bis testator by the defendants, for the payment of $1,103.50, “in specie or its equivalent.” The defendants moved to non-suit the plaintiff, on the ground that the action should have been covenant. His Honor refused to non-suit. Yerdict and judgment for the plaintiff, and appeal by the defendants.

Decided 1868-06-05

Reade, J.

¶1 There can be no doubt that Debt is the proper action upon the bond declared on, if the plaintiff seeks to recover only the amount mentioned in the, bond, to wit, $1,108.50. If he had sought to recover that, and a further .sum as the equivalent of specie in currency, because of its depreciation, whether Covenant would not have been the proper action, is not necessary to decide; as it appears that the sum recovered was the nominal amount of the bond.

¶2 Let judgment be entered here for the nominal amount of the bond, with interest.

¶3 .Per Curiam. There is no error.