From Casetext: Smarter Legal Research

Thompson v. Gaylard

Superior Court of North Carolina
Jan 1, 1801
3 N.C. 150 (N.C. Super. 1801)

Opinion

(Fall Riding, 1801.)

1. A note for money, dischargeable, however, in specific articles, is not negotiable.

2. Where a note promises to pay money dischargeable in specific articles of several kinds, a tender of all the different kinds of articles must be proved, not of some, only sufficient in value to discharge the debt.

3. A tender of a certificate for timber lying on the bank of the river, and there inspected, is not sufficient.

THIS action was brought to recover damages for breach of a contract in writing, promising to pay money, dischargeable, however, in specific articles.


This note is not negotiable, and you must prove the consideration.

Whereupon Martin, for the plaintiff, called a witness and proved the consideration; and then a question arose concerning the tender.


The money is dischargeable in plank, staves, and shingles. You must prove a tender of all the articles, not of some, only enough in value to discharge the debt. A tender of a certificate for timber lying on the bank of the river, and there inspected, is not a sufficient tender. The certificate is evidence, at most, only that lumber had been inspected, not that it was at the place of inspection at the time of the tender.

NOTE. — As to the first point, see Hodges v. Clinton, 1 N.C. and the refences [references] in the note.

Upon the question of tender see England v. Witherspoon, 2 N.C. 361; Bell v. Ballance, 12 N.C. 391; Mills v. Huggins, 14 N.C. 58; Mingus v. Prichett, ibid, 78; Mobley v. Fossett, 20 N.C. 96.

Cited: Poteet v. Bryson, 29 N.C. 340.


Summaries of

Thompson v. Gaylard

Superior Court of North Carolina
Jan 1, 1801
3 N.C. 150 (N.C. Super. 1801)
Case details for

Thompson v. Gaylard

Case Details

Full title:THOMPSON v. GAYLARD

Court:Superior Court of North Carolina

Date published: Jan 1, 1801

Citations

3 N.C. 150 (N.C. Super. 1801)

Citing Cases

JAMIESON v. FARR

Arrested accordingly. See Tindall v. Johnston, post, 372; Campbell v. Mumford, post, 398; Thompson v.…