Martin v. McMillan's Adm'r

65 N.C. 199

Opinion

Pearson, O. J.

In Smitherman v. Sanders, 64 N. C. 522, the Court in commenting upon the case Martin v. McMillan, 63 N. C. Rep. 486, holds the principle to be “ the fact of furnishing horses for the Confederate army was an act which of itself aided the rebellion, and amounted to treason — that was the ground of the decision, and the fact that the plaintiff said he was taking less than the value, for the sake of the cause, was merely a circumstance in aggravation.”

The principles involved in this case have been so fully discussed in several cases recently before this Court, that the subject is exhausted. His Honor erred in not taking the distinction between a case like this when the very fact of supplying horses with a knowledge that the horses were bought for the service of the rebel army, which act per se was an act of treason, and other cases where the act might or might not have been unlawful, dependent upon the fact whether the vendor took part in the transaction. Eeversed. Venire de novo.

Per Curiam. Judgment reversed.