Long, Assignee v. . Stephenson

Supreme Court of North Carolina

Long, Assignee v. . Stephenson

72 N.C. 569

DecidedJanuary 5, 1875

StatusPublished

This text of 72 N.C. 569 (Long, Assignee v. . Stephenson) 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

Long, Assignee v. . Stephenson, 72 N.C. 569 (N.C. 1875).

Pincite

Opinion

Settle, J.

The authorities cited by the defendant’s counsel establish beyond controversy:

1. That the draft should have been presented for payment.

2. That notice of non payment should have been given in reasonable time to the defendant.

As both of these essential requisites to the maintenance of this action are wanting, we concur with his Honor that the plaintiff is not entitled to recover.

Pee Curiam. Judgment affirmed.

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Settle, J.

The authorities cited by the defendant’s counsel establish beyond controversy:

1. That the draft should have been presented for payment.

2. That notice of non payment should have been given in reasonable time to the defendant.

As both of these essential requisites to the maintenance of this action are wanting, we concur with his Honor that the plaintiff is not entitled to recover.

Pee Curiam. Judgment affirmed.

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Bluebook (online)

72 N.C. 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-assignee-v-stephenson-nc-1875.