Moore v. . Harkins

89 S.E. 43, 171 N.C. 696, 1916 N.C. LEXIS 146

• Court: Supreme Court of North Carolina
• Decided: May 31, 1916
• Status: Published

Opinion

AlleN, J.

The plaintiff testified: “The six drafts belong to me. I have had possession of them all the time since they were given, and I promptly told Douglas about them or I wrote him about them at once. I know they were not to be paid until Douglas got the money from the Government to pay them, and so did Harkins.”

This evidence was admitted without objection, and, if true, the right of action has not accrued to the plaintiff, as the Government has not paid any part of the money claimed to be due on the account of E. M. Douglas, and the plaintiff says the drafts “were not to be paid until Douglas got the money from the Government.” Sykes v. Everett, 167 N. C., 606; Buskirk v. Kuhns, 32 A. and E. Anno. Cases, 932.

There was, therefore, no error in entering judgment of nonsuit.

Affirmed.