Cook v. . Guirkin
Supreme Court of North Carolina
Civil actioN, tried before Timberlahe, Janda jury, at Fall Term, 1896, of PasquotaNic Superior Court. The nature of the action and pleadings appears in the opinion of Associate Justice Aveey. After the jury had been empaneled, the pleadings were read. The court then directed the plaintiff to proceed with his case. The plaintiff then announced that he rested his case on admissions in pleadings.
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Civil actioN, tried before Timberlahe, Janda jury, at Fall Term, 1896, of PasquotaNic Superior Court. The nature of the action and pleadings appears in the opinion of Associate Justice Aveey. After the jury had been empaneled, the pleadings were read. The court then directed the plaintiff to proceed with his case. The plaintiff then announced that he rested his case on admissions in pleadings. The court then said : “ Judgment for the defendant,” and wrote same on his docket, ar.d directed the Clerk to so enter it. The plaintiff then asked to be allowed to take a non-suit, which motion the…
1Opinion of the Court
Avbby, J.:
The plaintiff alleges that the defendant holds his note for the sum of $464.60, due August, 1886, and secured by a deed of trust conveying a certain lot, and that on May 19,1894, the other defendants caused the defendant trustee to advertise the same for sale. The plaintiff further alleged that the note had been paid and discharged in full by the sale of bonds and coupons deposited with the defendants, from which the defendants realized $1,500. The plaintiff demanded judgment that the note be canceled and for the residue of the $1,500 and asked and obtained an injunction till the…
2Cases cited6 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Helms v. . GreenSupreme Court of North Carolina · 1890
- State v. . EmerySupreme Court of North Carolina · 1887
- Farrell v. HennesyWisconsin Supreme Court · 1867
- Dickson v. ColeWisconsin Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Hunt v. EureSupreme Court of North Carolina · 1925
- State v. Blackley.Supreme Court of North Carolina · 1905
- Hunt v. . EureSupreme Court of North Carolina · 1925
23 more not listed; retrieve them via the Exa API.