Maxwell v. . Hipp

64 N.C. 98

• Court: Supreme Court of North Carolina
• Decided: January 5, 1870
• Status: Published

Opinion

Dice;, J.

The bond declared on was executed during the late war, and there is a legal presumption that it was solvable in Confederate money.

The consideration of this bond was the services of a slave, which belonged to the estate of plaintiff’s intestate. The plaintiff ought to have been permitted to introduce evidence as to the value of such consideration, as that was the amount which he was entitled to recover. The legislative scale does not apply to this contract, as the consideration was not Confederate money: Robeson v. Brown, 63 N. C. 554; Garrett v. Smith, at this term.

There was error in the ruling of his Honor.

Let this be certified.

Pee Otjeiam. Venire de novo.