Rhyne v. . Wacaser

Supreme Court of North Carolina

Rhyne v. . Wacaser

63 N.C. 36

DecidedJune 5, 1868

StatusPublished

This text of 63 N.C. 36 (Rhyne v. . Wacaser) 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

Rhyne v. . Wacaser, 63 N.C. 36 (N.C. 1868).

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Opinion

Reade, J.

There can be no doubt that Debt is the proper action upon the bond declared on, if the plaintiff seeks to recover only the amount mentioned in the, bond, to wit, $1,108.50. If he had sought to recover that, and a further .sum as the equivalent of specie in currency, because of its depreciation, whether Covenant would not have been the proper action, is not necessary to decide; as it appears that the sum recovered was the nominal amount of the bond.

Let judgment be entered here for the nominal amount of the bond, with interest.

.Per Curiam. There is no error.

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Reade, J.

There can be no doubt that Debt is the proper action upon the bond declared on, if the plaintiff seeks to recover only the amount mentioned in the, bond, to wit, $1,108.50. If he had sought to recover that, and a further .sum as the equivalent of specie in currency, because of its depreciation, whether Covenant would not have been the proper action, is not necessary to decide; as it appears that the sum recovered was the nominal amount of the bond.

Let judgment be entered here for the nominal amount of the bond, with interest.

.Per Curiam. There is no error.

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Bluebook (online)

63 N.C. 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhyne-v-wacaser-nc-1868.