{
  "id": 2086820,
  "name": "STATE vs. BANK OF FAYETTEVILLE",
  "name_abbreviation": "State v. Bank of Fayetteville",
  "decision_date": "1856-06",
  "docket_number": "",
  "first_page": "450",
  "last_page": "451",
  "citations": [
    {
      "type": "nominative",
      "cite": "3 Jones 450"
    },
    {
      "type": "official",
      "cite": "48 N.C. 450"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.386,
    "pagerank": {
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    "sha256": "af4787509bb207ccad598f2b06a4f95b9eb912b9590012189206bbe706fd7343",
    "simhash": "1:97ca5c791d6d366e",
    "word_count": 450
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  "last_updated": "2023-07-14T17:04:13.305795+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE vs. BANK OF FAYETTEVILLE."
    ],
    "opinions": [
      {
        "text": "Pearson, J.\nThe 6th section, ch. 36, of Bev. Code, title \u201c currency\u201d making it a misdemeanor to \u201c pass or receive\u201d bank notes under the denomination of three dollars, does not apply to the bank; the punishment intended for it is imposed by the 3rd section, to wit: a penalty of fifty dollars for making and issuing such notes. There is nothing by which an indictment for a misdemeanor is superadded. Indeed the bank is bound by its eonhracts, to receive and redeem its notes, and the Legislature had no power to forbid it.\nWhether the Legislature had power, besides imposing a penalty, to denounce the \u201c pain\u201d of being deemed to have violated its charter for making and issuing such notes, may be questioned. Conditions by which an estate is defeated, must be made at the time of its creation. This principle would seem to be applicable to the grant of a franchise ; but we express no opinion in regard to it.\nPer Curiam.\nJudgment reversed, and judgment for defendant.",
        "type": "majority",
        "author": "Pearson, J. Per Curiam."
      }
    ],
    "attorneys": [
      "Attorney General, for State.",
      "Badger and Shepherd, for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE vs. BANK OF FAYETTEVILLE.\nThe Ctli sec. ch. 36, of the Revised Code, making it a misdemeanor to \u201c pass and receive\u201d bank notes under the denomination of three dollars, does not apply to the bank.\nThe punishment intended against a bank, is a penalty of fifty dollars for making and issuing notes of less denomination than three dollars, under 3rd section of the Act.\nThis was an indictment, tried before his Honor, Judge Caldwell, at the Spring Term, 1856,. of Cumberland Superior Court.\nThe first count on the bill, charged that the Bank \u201c unlawfully did issue a certain note for the payment of money for a less sum than three dollars, to wit, of one dollar.\u201d\nThe second count is to the same effect, with a change in the phraseology.\nThe third count charges that the bank \u201c did pass as the representative of, and as the substitute for, money, a bank bill of a sum less than three dollars, to wit, of the sum of one dollar.\u201d These several counts concluded against the form of the statute, &c.\nIt was agreed that the Bank of Fayetteville, on 10th day of February, 1856, in the county of Cumberland, did issue a note for a sum less than three dollars in manner and form as charged in the bill of indictment; upon which case agreed the solicitor for the State moved for judgment, but it was insisted that no judgment could be pronounced, upon the ground, that the facts did not amount to an indictable offense. But his Honor being of opinion with the State, rendered judgment accordingly, from which the defendant appealed.\nAttorney General, for State.\nBadger and Shepherd, for defendant."
  },
  "file_name": "0450-01",
  "first_page_order": 460,
  "last_page_order": 461
}