Evans v. . Howell
Supreme Court of North Carolina
Civil Actioh tried at November Special Term, 188Q, of Halifax Superior Court, before Graves, J. The plaintiff, Evans, brought this action, as trustee for the firm of Winfield & Emry, for the recovery of one hundred dollars due by note. The facts appear in the opinion. Verdict and judgment for defendants, appeal by plaintiff.
1Opinion of the CourtSmith, C. J.
This action, commenced before a justice of the peace and removed by appeal to the superior court, was tried upon the defenceof payment.
The alleged payment was made by the delivery of four hales of cotton (grown upon land belonging to the plaintiff, Emry, and by him rented to the defendant, J. L. Howell, for the year 1877) to the plaintiff, Winfield, who and the said Emry constituted the mercantile firm of Winfield & Emry. The substantial facts testified to are that three bales were delivered to Winfield, of the agreed value of $126, to pay the • debt due on the bond in suit, according to the…
2Cases cited1 opinion
- State v. . MikleSupreme Court of North Carolina · 1879
3Cited by1 opinion
- Baltzer v. North CarolinaSupreme Court of the United States · 1896