64 N.C. 642
Supreme Court of North Carolina
Decided June 15, 1870
Supreme Court of North Carolina · decided 1870-06-15
Debt upon bond, tried before Cloud, J., at Spring Term 1870 of Surry Court. The plaintiff declared upon a plain bond for money, payable /‘in silver or its equivalent ” at one day after date, and dated July 2,1864. The defendants pleaded: General issue, and Payment and set-off. The name of the obligee was J. W. Brower, who had died before the time of the examination of the witnesses, having previously endorsed the bond to the plaintiff.
Cited by 1 later decisions — most recently October 1904
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1870-06-15
View the full empirical analysis of this case →
¶1In this case there is no plea that the consideration of the contract was illegal, neither is there any proof that the plaintiff knew of the illegal purpose to which the money loaned by him, was to be applied. That defence, therefore, fails.
¶2The question of evidence is the same decided in Isenhour v. Isenhour, ante, 640. The excluded witness was competent.
¶3There was error in the proceedings below.
¶4Pee Curiam:. Venire de novo.