Nissen v. . Tucker

Supreme Court of North Carolina

Nissen v. . Tucker

46 N.C. 176

DecidedDecember 5, 1853

StatusPublished

This text of 46 N.C. 176 (Nissen v. . Tucker) 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

Nissen v. . Tucker, 46 N.C. 176 (N.C. 1853).

Pincite

Opinion

Pearson, J.

We concur with his Honor. The .plaintiff vunder the count for goods sold and delivered, ivas entitled to receiver the price.of his wagon. The order on Fries, .for the amount in goods, which was not accepted, was .certainly no payment. The doctrine of notice is taken from the law merchant, and has no application to .an .order for goods. .Such,an order is not negotiable, and does not come within the law merchant, which is strictly confined to bills for money. As the defendant himself afterwards .received from Fries the amount in his hands, ,he has :not ■.•■even a pretence -.for refusing' to pay for the wagon.

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Pearson, J.

We concur with his Honor. The .plaintiff vunder the count for goods sold and delivered, ivas entitled to receiver the price.of his wagon. The order on Fries, .for the amount in goods, which was not accepted, was .certainly no payment. The doctrine of notice is taken from the law merchant, and has no application to .an .order for goods. .Such,an order is not negotiable, and does not come within the law merchant, which is strictly confined to bills for money. As the defendant himself afterwards .received from Fries the amount in his hands, ,he has :not ■.•■even a pretence -.for refusing' to pay for the wagon.

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Bluebook (online)

46 N.C. 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nissen-v-tucker-nc-1853.