Thompson v. . Gaylard
Opinion of the Court
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.
Addendum
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. *Page 152
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,
Cited: Poteet v. Bryson,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.