Newby v. Harrell
Supreme Court of North Carolina
Partnership — Negligence—Judge’s Charge. Civil actioN, tried before Craves, J., at Fall Term, 1887, of the Superior Court of Perquimans County, to recover damages alleged to have been sustained by the burning of gin, gin-house, &c. In August, 1883, the plaintiff and defendants entered into an agreement “to run a gin at G. D. Newby’s house, jointly.” The defendants were to furnish an engine and fireman, and two hands to perform any work in connection with the ginning.
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Partnership — Negligence—Judge’s Charge. Civil actioN, tried before Craves, J., at Fall Term, 1887, of the Superior Court of Perquimans County, to recover damages alleged to have been sustained by the burning of gin, gin-house, &c. In August, 1883, the plaintiff and defendants entered into an agreement “to run a gin at G. D. Newby’s house, jointly.” The defendants were to furnish an engine and fireman, and two hands to perform any work in connection with the ginning. The plaintiff was to furnish a house and gin and press, and three hands — fit up the gin and press and house at his own…
1Opinion of the Court
Davis, J.,
(after stating the case). 1. The first exception is to the refusal of the Court to give the instructions asked for.
The Court is not required to give instructions, though proper and such as the party is entitled to, in the very terms asked; and if such as are asked for, to which the party is entitled, are embodied, substantially, in the charge as given, it is not error. In this case the instructions asked for were-substantially given, except the first, and that presents the question: Can one partner maintain an action against a co-partner for injury to his separate and individual…
2Cited by15 opinions
- Archer v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1934
- Pugh v. . NewbernSupreme Court of North Carolina · 1927
- Alderman v. NobleMassachusetts Supreme Judicial Court · 1936
- Newby v. . Realty Co.Supreme Court of North Carolina · 1921
- Doyle v. . BushSupreme Court of North Carolina · 1915
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