{
  "id": 8683208,
  "name": "WILLIAM J. MOYE, Adm'r., &c., v. WILLIAM J. POPE",
  "name_abbreviation": "Moye v. Pope",
  "decision_date": "1870-06",
  "docket_number": "",
  "first_page": "543",
  "last_page": "545",
  "citations": [
    {
      "type": "official",
      "cite": "64 N.C. 543"
    }
  ],
  "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": [
    {
      "cite": "63 N. C., 554",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11278333
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/63/0554-01"
      ]
    },
    {
      "cite": "7 Wall. 542",
      "category": "reporters:scotus_early",
      "reporter": "Wall.",
      "case_ids": [
        3449296
      ],
      "opinion_index": -1,
      "case_paths": [
        "/us/74/0542-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 3531,
    "ocr_confidence": 0.363,
    "pagerank": {
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    "sha256": "0a16b654fdd7aa9876d731e0826c44f047d95caa4d6145064c2444173543b39e",
    "simhash": "1:3208445e8f3132d0",
    "word_count": 602
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  "last_updated": "2023-07-14T17:28:35.890237+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "WILLIAM J. MOYE, Adm\u2019r., &c., v. WILLIAM J. POPE."
    ],
    "opinions": [
      {
        "text": "EjEa\u00eddk', J.\nThe value of\u2019the cotton at the time'and place of sale and delivery, was the question. As tending to show the value, the plaintiff offered to prove the price of cotton on the other side of the military line between the Confederate and United States forces.14\nIt was unlawful to trade across the line. ' There was -no market to which the defendant could take the cotton beyond the line, , without violating the laws, of both governments'. The Courts will not investigate - the hazard of committing crime, or the value of successful adventure against the laws. The evidence was, therefore, properly ruled out. ,' \u25a0,, Eor the same purpose the-plaintiff-offered to prove the price at which the defendant sold the cotton. But it did not appear wheh or where he sold;- and, therefore, it could'throw no light on the question, and was irrelevant. .\nThere was no evidence to; support the first special,instruction asked for by the plaintiff; to'wit, that there was. a'special contract to pay the amount bid in \u201c.good money\u25a0' mw\u00a1\n, The. second; special instruction, was in substance given \u00a1 as asked for by. the plaintiff.-\nThere is.\u00f1o error;\n\u2022 The plaintiff is entitled tb' judgment, here;for;fheusa\u00edne amount as thejudgment below, but he. is not. entitled'to- the costs of the appeal, as it. was -his appeal; -i Judgment against the plaintiff for the -costs of fhis.-Oowrt.-ii\n. Per Curiam;. ,,f-,^fdrjnpd.",
        "type": "majority",
        "author": "EjEa\u00eddk', J."
      }
    ],
    "attorneys": [
      "Howard and Battle & Sons, for the appellant,'",
      "Hilliard, gontrg,"
    ],
    "corrections": "",
    "head_matter": "WILLIAM J. MOYE, Adm\u2019r., &c., v. WILLIAM J. POPE.\nA question as to the value of certain cotton, the consideration of a note given at an administrator\u2019s sale in Greene County in 1863, is to be settled with reference to the t\u00f3me and place o\u00ed its sale and delivery ; and evidence as to what it was worth within the Federal lines, (whither it could not be transported but in violation of law,) or as to what it was sold for, is incompetent.\nCivil action, tried before Jones, J., at Spring Term 1870, of Pitt Court.\nThe action whs brought upon a note for $403.00, payable at six months, elated October 15, 1863, and given for the price of two bales of cotton bought at an administrator\u2019s sale in Greene County. The price bid was fifty, cents a pound.\nOn the day of sale, the defendant-asked the plaintiff if he would accept. Confederate money then, and the latter .replied that the-law required him- to take a bond and-security, and sell upon a credit of six months. He did not ' say what he would take when the n\u00f3te became due.\nThe plaintiff asked of several witnesses' what was- the value ;'of c\u00f3tton Within the Federal, lines, but. upon objection by the defendant, the questions were ruled'out, as also-was another question by him, as to' what the defendantafterwafds received for the' cotton.-' To these rulings =he excepted.\nThe plaintiff asked the Court to instruct the-jury :\u2022\n1. That there was -some -evidence of a .special contract, to pay for the cotton in good money : and, - : - ....\n-2. - That there was \u00a1evidence of the value and price of 'cotton at the time and place of sale. ,: . .\nThe Court instructed the jury to ascertain the value of the cotton , at the time and place of sale, taking into conside ration the whole of the testimony.\nVerdict for $108.84, of. which $80 is principal money. Eule, &c. Judgment accordingly. Appeal by the plaintiff.\nHoward and Battle & Sons, for the appellant,'\ncited Cherry v. Savage ante, 103; Laws v. Rycroft ante, 98, and Coppell v. Half 7 Wall. 542.\nHilliard, gontrg,\ncited Robeson v. Brown, 63 N. C., 554; Garrett v. Smith, ante, 93, and Coppell v. Hall, (ubi supra.)"
  },
  "file_name": "0543-01",
  "first_page_order": 567,
  "last_page_order": 569
}