{
  "id": 8697117,
  "name": "C. DOWD, Adm'r. v. THE N. C. RAILROAD COMPANY",
  "name_abbreviation": "Dowd v. N. C. Railroad",
  "decision_date": "1874-01",
  "docket_number": "",
  "first_page": "468",
  "last_page": "470",
  "citations": [
    {
      "type": "official",
      "cite": "70 N.C. 468"
    }
  ],
  "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": "3 Jones 33",
      "category": "reporters:state",
      "reporter": "Jones",
      "case_ids": [
        2086724
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/48/0033-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 281,
    "char_count": 4022,
    "ocr_confidence": 0.429,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20810402459757307
    },
    "sha256": "bddfa89f62122059bf068c04567f9e49b17e2cf6436ace58d813844c7a0d17f2",
    "simhash": "1:b03844382645d382",
    "word_count": 714
  },
  "last_updated": "2023-07-14T15:53:06.826178+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "C. DOWD, Adm\u2019r. v. THE N. C. RAILROAD COMPANY."
    ],
    "opinions": [
      {
        "text": "Beade, J.\nIf Confederate money had been in existence as a circulating medium 1st of January, 1866, when the note matured, the defendant had the privilege of paying it off in that currency, by the very terms of the note itself.\nAs there ivas no such currency' when the note matured, if the consideration had been Confederate money loaned, then the plaintiff would have been entitled to recover the value of the Confederate money at the date of the contract, viz: at the date of the note. As the consideration was not Confederate money, but was for the hire of slaves for the year 1865, viz: a thing or property, then the value of the property at the time of the contract is the standard; or, to use the language of the statute, \u201c the value of the contract in present currency is the standard.\u201d That must be understood to mean in this case the value of the hire of the slaves for the term of hiring, viz: during the year 1865, and this although the slaves were emancipated in the meantime. Woodfin v. Sluder, Phil. Rep. 200.\nThe other points are not material. It was not necessary that the plaintiff should have demanded payment at the defendant\u2019s office, because if any demand would have been necessary under any circumstances, here the ease shows that it would have amounted to nothing, for the defendant insisted then, and insists now, that he had the right to pay the bond in Confederate money, which was worthlessand he now brings the Confederate money into Court, which he says he set apart and has always kept for that purpose \u2014 showing that a demand would have been useless. And furthermore, if a note be payable at a particular time and place, a demand at the time and place need not be averred or proved. It is otherwise if it be payable on demand at a particular time and place. Alexander v. Commissioners of McDowell, 67 N. C. R. 330; Nichols v. Pool, 2 Jones R. 23.\nInterest is to be calculated on the value of the eontract fro\u00ae 1st January, 1866, when the note matured.\nNo. error.\nPep. Cueia-m, Judgment affirmed*",
        "type": "majority",
        "author": "Beade, J."
      }
    ],
    "attorneys": [
      "Wilson <& Son and B. Barringer, for appellant.",
      "Vanee and Btirwell and Bovod, contra."
    ],
    "corrections": "",
    "head_matter": "C. DOWD, Adm\u2019r. v. THE N. C. RAILROAD COMPANY.\nThe value of a note, payable on the 1st day of January, 1866, in Confederate money, given for the hire of slaves for the year I860, is the value of such hire for the term of hiring, although the slaves were emancipated during the time. Such contract bears interest from 1st day of January, 1866.\n{Woodfin v. Sluder, Phil. Rep, 300: Alexander v. Commissioners of McDowell Co., 67 N. C. Rep. 380; Nichols v. Pool, 3 Jones 33, cited and approved.\nCivil actioN, to recover of defendants certain notes, tried at the July (Special) Term, 1873, of the Superior Court of Meck-lenburg, before bis Honor, Judge Moore.\nThe following is one of the notes, (the other being similar,) upon which this action is founded:\n\u201cNo. 23. Office of the N. 0. Bailkoad Company, OompaNY' Shops, January, 1st, 1865.\nOn the first day of January, 1866, the North Carolina Bail-road Company promises to pay to Dr. B. C. Jenkins, or order, three thousand six hundred dollars, for hire of the following hands, to wit: Stout, Jerry, John and Horace, for the year 1865 ; and the said Bailroad Company agrees to furnish to each of said hands the usual clothing to hired hands \u2014 two pair of shoes, one hat, one blanket, or substitutes, payable in Confederate money, without interest, at the Company\u2019s office.\nWitness the hand and seal of the President of the Company $3,600. THOS. WEBB, President. [Seal.]\nThe defendant does not deny tlie execution of the note, but in the answer alleges a willingness and ability to pay according to its tenor \u2014 at the office of the Company in Confederate money.\nThe jury rendered a verdict in favor of the plaintiff for $1,162, of which $800 was principal, under the charge of the Court, that he was entitled to recover the value of the services of the slaves for the term of hiring. Defendant moved for a new trial; motion refused. Judgment and appeal by defendant\nWilson <& Son and B. Barringer, for appellant.\nVanee and Btirwell and Bovod, contra."
  },
  "file_name": "0468-01",
  "first_page_order": 484,
  "last_page_order": 486
}