Standard Supply Co. v. Finch & Person
Supreme Court of North Carolina
Civil actioN, tried before Biggs, J., and a jury, at December Term, 1901, of the Superior Court of New IIaNOVER. County. The evidence tended to show that plaintiff sold and delivered to Einch & Person, a partnership composed of S. II.
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Civil actioN, tried before Biggs, J., and a jury, at December Term, 1901, of the Superior Court of New IIaNOVER. County. The evidence tended to show that plaintiff sold and delivered to Einch & Person, a partnership composed of S. II. Einch and W. R. Person, goods and material on account from 2 February, 1906, to 14 June of the same year, to the amount, with accrued interest, of $611.45; that $159.10 of this account, inclusive of interest, became clue on 10 May, 1906, and the remainder, to-wit, $451.15, accrued after that date. Other evidence was introduced, which plaintiff insisted…
1Opinion of the Court
IíoKE, J.,
after stating the case: The Court does not take the view of this evidence which seems to have impressed the trial Judge. The account for these goods being originally an obligation of Finch & Person, and for which that firm still remains liable, any obligation of defendant J. E. Person, as guarantor, must be evidenced and established by written agreement or some written note or memorandum of same signed by him or some person duly authorized to sign for him. Revisal, sec. 974; Jenkins v. Holly, 140 N. C., 379; Shepherd v. Newton, 139 N. C., 533. The plaintiff recognizes this as the…
2Cases cited3 opinions
- Sheppard v. Newton.Supreme Court of North Carolina · 1905
- Green v. . ThorntonSupreme Court of North Carolina · 1856
- Jenkins v. Holley.Supreme Court of North Carolina · 1906
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- Klingstubbins Southeast, Inc. v. 301 Hillsborough Street Partners, LLCCourt of Appeals of North Carolina · 2012
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