Armstrong v. . Lonon
Supreme Court of North Carolina
ActioN, tried before Ferguson, J., and a jury, September Term, 1908, of McDowjsll, on appeal from a Justice’s court. The action is brought to recover a balance due on verified account of $49.68. The defendant pleaded a payment of $29.18 on 6 July, 1906, by check, as follows: “MaRioN, N. C., 6 July, 1906. Pay to the order of Armstrong, Oator & Co. $29.18 (twenty-nine 18-100 dollars). To Merchants & Farmers Bank, Marion, N. C. (In full to date). D. N. LonoN."
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ActioN, tried before Ferguson, J., and a jury, September Term, 1908, of McDowjsll, on appeal from a Justice’s court. The action is brought to recover a balance due on verified account of $49.68. The defendant pleaded a payment of $29.18 on 6 July, 1906, by check, as follows: “MaRioN, N. C., 6 July, 1906. Pay to the order of Armstrong, Oator & Co. $29.18 (twenty-nine 18-100 dollars). To Merchants & Farmers Bank, Marion, N. C. (In full to date). D. N. LonoN." The check was endorsed to plaintiffs and duly paid. The Court submitted this issue to the jury: Is the defendant. indebted to the…
1Per curiam
We have examined the record and exceptions and the Judge’s charge in this case, and find no reversible error. There is only one assignment of error relating to the testimony taken or rejected, and that is without merit. The other assignments of error relate to prayers for instruction and to the charge of the Court. There is evidence upon the part of plaintiff, in the deposition of Cator, as well as the evidence offered by defendant, that there was a dispute, or at least some misunderstanding in regard to one item in the account, which amounted to the sum now claimed.. The check indicated on…
2Cases cited3 opinions
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Koonce v. . RussellSupreme Court of North Carolina · 1889
- Boykin, Carmer & Co. v. D. B. BuieSupreme Court of North Carolina · 1891
3Cited by16 opinions
- Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
- Allgood v. Wilmington Savings & Trust CompanySupreme Court of North Carolina · 1955
- Moore v. General Accident, Fire, & Life Assurance Corp.Supreme Court of North Carolina · 1917
- DeLoache v. DeLoacheSupreme Court of North Carolina · 1925
- Aydlett v. . BrownSupreme Court of North Carolina · 1910
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