Henry v. Willard
Supreme Court of North Carolina
Civil actioN, tried before Kerr, J., at Fall Term, 1874-,. ORAng-e Superior Court.. The summons was originally issued against the defendant as surviving partner of E. F. Morris & Son. At Fall Term, 1874, the plaintiff obtained leave to amend his complaint (which was granted on payment of cost), by adding a complaint against the defendant as exeoutor de son tort of Eobert F. Morris, deceased.
Read the full summary
Civil actioN, tried before Kerr, J., at Fall Term, 1874-,. ORAng-e Superior Court.. The summons was originally issued against the defendant as surviving partner of E. F. Morris & Son. At Fall Term, 1874, the plaintiff obtained leave to amend his complaint (which was granted on payment of cost), by adding a complaint against the defendant as exeoutor de son tort of Eobert F. Morris, deceased. The defendant filed an answer to the additional complaint, and the case was transferred for trial to Orange county. The 'complaint alleges that for several years immediately-preceding the 13th of…
1Opinion of the Court
ByNüM, J.
This was an action against the defendant, as the surviving partner of R. F. Morris. The defendant denied that he was a partner when the causes of action arose, and the following issue, among others, was submitted to the jury to wit: “ Was the defendant a partner with the sa’d Morris at the time or times of said sales ?” Upon this issue the plaintiff offered much testimony tending to establish the partnership as alleged, and then introduced one Henry Malone, who testified that in 1872, the said Morris, while out on a ;t tour” purchasing tobacco, bought his crop, and at the time of the…
2Cases cited4 opinions
- Grandy v. . FerebeeSupreme Court of North Carolina · 1873
- McComb & Wallace v. N. C. RailroadSupreme Court of North Carolina · 1874
- McFadyen v. . HarringtonSupreme Court of North Carolina · 1872
- Stenhouse, McCauley & Co. v. Charlotte, Columbia & Augusta RailroadSupreme Court of North Carolina · 1874
3Cited by8 opinions
- Burton v. . FarinholtSupreme Court of North Carolina · 1882
- First National Bank of Graham v. HallSupreme Court of North Carolina · 1917
- McGowan v. DavenportSupreme Court of North Carolina · 1904
- Hely v. HinermanSupreme Court of Missouri · 1924
- McGowan v. . DavenportSupreme Court of North Carolina · 1904
3 more not listed; retrieve them via the Exa API.