Hurst, Miller & Co. v. Everett
Supreme Court of North Carolina
Civil Action, tried at Spring Term, 1884, of SwaiN Superior Court, before Graves, J. The action originally consisted of five distinct actions, tried before a justice of the peace and carried by appeal to the superior court. The facts are that the plaintiffs sold the defendants, by sample, $800 worth of boots and shoes, and guaranteed they should be of like quality with the samples.
Read the full summary
Civil Action, tried at Spring Term, 1884, of SwaiN Superior Court, before Graves, J. The action originally consisted of five distinct actions, tried before a justice of the peace and carried by appeal to the superior court. The facts are that the plaintiffs sold the defendants, by sample, $800 worth of boots and shoes, and guaranteed they should be of like quality with the samples. Before the goods were shipped, the several notes, offered in evidence, were mailed to the defendants and signed by them and returned to the plaintiffs. The five actions brought before the justice of the peace were…
1Opinion of the CourtAshe, J.
The defendants pleaded before the justice a “ set-off and counter claim,” and to sustain their defence offered to show that the boots and shoes, for which the notes were given, were not of the quality recommended by the plaintiffs; and on the trial in the superior court they offered evidence to the effect that the “boots and shoes” were not of the quality represented by the samples, and by reason of the false warranty they had sustained damages to the amount of four hundred dollars. But His Honor charged the jury that the defence set up could not avail the defendants, for the reason that no…
2Cases cited5 opinions
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- Lutz v. . ThompsonSupreme Court of North Carolina · 1882
- Garrett v. . LoveSupreme Court of North Carolina · 1883
- Derr v. . StubbsSupreme Court of North Carolina · 1880
- Meneely & Co. v. CravenSupreme Court of North Carolina · 1882
3Cited by28 opinions
- Allen v. . SalleySupreme Court of North Carolina · 1919
- National Bank v. WinslowSupreme Court of North Carolina · 1927
- Levin v. Gladstein.Supreme Court of North Carolina · 1906
- Gatling v. . Commissioners of CarteretSupreme Court of North Carolina · 1885
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
23 more not listed; retrieve them via the Exa API.