Houser v. . McGinnas
Supreme Court of North Carolina
This was a civil ACTION, heard upon demurrer of the defendant, P. 0% Beam, at the Spring Term, 1891, of the Superior Court of Gastos County, before M&rrimon, J. The complaint was as‘follows: “ That heretofore, to-wit, on the 25th day of November, 1887, the defendant W. J. McGinnas was the agent at Cher-ryville of the Southern Express Company, a corporation doing business as a common carrier between the towns of Shelby in Cleveland County, N. C., and the town of Cherry-ville…
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This was a civil ACTION, heard upon demurrer of the defendant, P. 0% Beam, at the Spring Term, 1891, of the Superior Court of Gastos County, before M&rrimon, J. The complaint was as‘follows: “ That heretofore, to-wit, on the 25th day of November, 1887, the defendant W. J. McGinnas was the agent at Cher-ryville of the Southern Express Company, a corporation doing business as a common carrier between the towns of Shelby in Cleveland County, N. C., and the town of Cherry-ville in Gaston County, N. C., and plaintiff was, on said day, acting as clerk or agent of said defendant in the transaction…
1Opinion of the CourtAvery, J.
after stating the facts: By demurring the defendant Beam admits that the plaintiff paid over to him the sum of five hundred dollars.in money, consigned by express, and failed to take his receipt, and that subsequently, under a mistake as to the fact of having previously made said payment,¡the plaintiff, through the defendant McGinnas, paid to the defendant Humphreys five hundred dollars, which Humphreys allowed as a credit on a debt due him from Beam, in order to satisfy and pay a second time the claim of Beam as assignee. The money has thus been twice paid to the consignee with no new…
2Cases cited3 opinions
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