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64 N.C. 102

Cherry v. . Savage

Supreme Court of North Carolina

Decided January 5, 1870

Supreme Court of North Carolina · decided 1870-01-05

Decided 1870-01-05

¶1The plaintiff declared upon a bond in the usual form executed by the defendants "for the sum of $179.00, it being for the hire of negroes," etc. It was shown by the plaintiff that nothing was said at the time of the hiring as to the currency in which the bond was to be paid; and he offered further to show the value of the slaves in that locality and for that year. This was excluded by the Court, and the plaintiff excepted.

¶2Verdict for the plaintiff, in accordance with the instructions of the Court, "for $99.00, of which $72.22 is principal money;" Rule, etc.; Judgment and Appeal by the plaintiff. His Honor erred in not allowing the plaintiff to introduce evidence to show the value of the consideration of the contract declared on: — See Maxwell v. Hipps, ante 98.

¶3Let this be certified.

¶4Per curiam.

¶5Venire de novo.

¶6(103)

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