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Kingsbury v. Lyon

Supreme Court of North Carolina
Jan 1, 1870
64 N.C. 128 (N.C. 1870)

Opinion

January Term, 1870.

In ordinary dealings during the late war, without design to aid the rebellion, Confederate treasury notes were a sufficient consideration to support a contract.

DEBT, submitted, upon a case agreed, to Watts, J., at Fall (129) Term 1869, of GRANVILLE Court.

Bragg for the appellant.

No counsel contra.


The suit was brought upon a bond for $1,000.00 executed by the defendants to the plaintiff, March 3d 1863, upon a loan of Confederate treasury notes by the plaintiff to the defendant, Lyon. The pleas were, General Issue, Illegal consideration.

If the Court were of opinion with the plaintiff, judgment was to be rendered for him, for $488.38, of which, etc., otherwise, judgment was to — be for the defendants.

His Honor gave judgment for the defendants, and the plaintiff appealed.


In the case of Phillips v. Hooker, 62 N.C. 193, it was decided, upon full argument and much consideration, that Confederate Treasury notes were a sufficient consideration to support a contract, when such notes were used in ordinary dealings, without intent to aid the Rebellion. That case has been frequently cited with approbation; so that the question is settled.

The judgment below is reversed, and judgment here for plaintiff upon the case agreed.

Per curiam.

Judgment reversed, etc.


Summaries of

Kingsbury v. Lyon

Supreme Court of North Carolina
Jan 1, 1870
64 N.C. 128 (N.C. 1870)
Case details for

Kingsbury v. Lyon

Case Details

Full title:RUSSELL H. KINGSBURY v. E. B. LYON AND OTHERS

Court:Supreme Court of North Carolina

Date published: Jan 1, 1870

Citations

64 N.C. 128 (N.C. 1870)

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