Filgo v. . Penny

Supreme Court of North Carolina

Filgo v. . Penny

6 N.C. 182

DecidedJuly 5, 1812

StatusPublished

This text of 6 N.C. 182 (Filgo v. . Penny) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Filgo v. . Penny, 6 N.C. 182 (N.C. 1812).

Pincite

Opinion

Harris, Judge,

delivered the opinion of the Court:

The case states, that there was no evidence of a special agreement, and the only evidence to support the money counts was, that the Plaintiff had, by mistake, paid to the Defendant a fifty dollar bank note for a five dollar bank note. A bank note is not money, and does not differ in its nature from any other promissory note payable to bearer. A delivery by mistake of any thing, except money, does not pass the property in the thing delivered, and cannot raise an implied promise to pay-money. Let the rule for a new trial be made absolute.

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Harris, Judge,

delivered the opinion of the Court:

The case states, that there was no evidence of a special agreement, and the only evidence to support the money counts was, that the Plaintiff had, by mistake, paid to the Defendant a fifty dollar bank note for a five dollar bank note. A bank note is not money, and does not differ in its nature from any other promissory note payable to bearer. A delivery by mistake of any thing, except money, does not pass the property in the thing delivered, and cannot raise an implied promise to pay-money. Let the rule for a new trial be made absolute.

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Bluebook (online)

6 N.C. 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/filgo-v-penny-nc-1812.