Brevard Manufacturing Co. v. W. Benjamin & Sons
Supreme Court of North Carolina
Civil actioN tried before Whedbee, J., at July Special Term, 1916, of Edgecombe, upon appeal by tbe plaintiff of two causes from justice’s court, wbicb, by agreement, were consolidated and a single answer filed thereto. A jury was waived and trial by tbe court substituted. Tbe court rendered judgment upon tbe admitted fact.s and evidence for defendants. Tbe plaintiff appealed.
1DissentClark, C. J.
This action is brought to recover on certain notes executed by defendants to plaintiff. The defendants plead illegality of consideration in that said notes were given for the sole purpose of carrying out a certain agreement entered into between plaintiff and defendants, which is called the plaintiff's "Trade Expansion Campaign."
The defendants aver that the said scheme is in fact a lottery or (54) gift enterprise in violation of section 3726, Revisal, as follows: "If any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a lottery, by whatever name, style,…
2Cases cited5 opinions
- Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
- Tanner v. LittleSupreme Court of the United States · 1916
- State v. . LipkinSupreme Court of North Carolina · 1915
- Winston v. Beeson.Supreme Court of North Carolina · 1904
- Commonwealth v. EmersonMassachusetts Supreme Judicial Court · 1896
3Cited by2 opinions
- Basnight v. American Manufacturing Co.Supreme Court of North Carolina · 1917
- Brenard Manufacturing Co. v. Jessup & Barrett Co.Supreme Court of Iowa · 1919