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Davis v. Glenn

Kelly W. Davis v. Sampson B. Glenn and Others.

Davis v. Glenn, 76 N.C. 427 (1877)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
January 5, 1877
Judges
Reads
Citations
76 N.C. 427
Headnotes
On the trial of an action brought upon a bond dated August 19th, 1864y. ■ and payable six months after date and expressed “to be paid in current. funds when called for,” it is not competent to prove that there was an. agreement at the time the bond was executed that it was not to be paid in Confederate money.
Summary
Bond — Evidenee — Confederate Currency. Civil Actiok, to recover tbe Value of a Note, tiled at-December Term, 1876, of Guilford Superior Court, before-Kerr, J. (Eor the facts in this case, see same case, reported in 72. N. C. 519.)

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Reads

Reads, J.

The,words of the bond are that it is “to be-paid in current funds when called fordated 19th August*. 1864, and due six months after date.

When this case was before us heretofore ( 72 N. C. 519 ) we-held that it was payable in Confederate Treasury notes and subject to the scale as of its date.

Upon the last trial the plaintiff offered to 'show that it was expressly agreed at the time the bond was given that, it was not to be paid in Confederate money. That would, make no difference because it would contradict the express-words of the bond.

His Honor correctly instructed the jury according to the^ decision supra, that current funds meant Confederate money...

No error.

Per Curiam. Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1905: 119052026peak 1905 · 1

Relies on it most ⓘ

  1. Knitting Mills v. Guaranty Co.50 S.E. 304 (N.C. 1905)

Most recent

  1. Knitting Mills v. Guaranty Co.50 S.E. 304 (N.C. 1905)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Davis v. Glenn ., 72 N.C. 519 (1875) 4

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