Hood v. . Froneberger and Quinn

63 N.C. 35

• Court: Supreme Court of North Carolina
• Decided: June 5, 1868
• Status: Published

Opinion

Peaeson, C. J.

“We promise to pay Jesse Hood two-hundred and sixty-nine dollars in silver coin or its equivalent in currency, for some notes on Aaron Quinn for the year 1864„ for value received, July 1st, 1866.

D. Eroneberser & Co.

A. QuiNN, Security.”

We concur with his Honor in the opinion that this is a new contract, made 1st July, 1866, and does not fall within the exception set out in the 5th section of the Ordinance of the ■ Convention, ratified 14th March 1868. It is not a note made since 1st May, 1865, in renetual of or substitute for a contract, made prior to 1st May 1865. In 1866 Eroneberger & Co. purchased of Hood notes which he held on Quinn. The fact that Quinn signs the note as surety for Froneberger & Co.,, does not, per se, give to it the character of a note in renewal of the notes of Quinn.

There is no error.

Per Curiam. Judgment affirmed.