Boykin, Parmer & Co. v. W. J. Maddrey & Son
Supreme Court of North Carolina
ActioN, tried at Spring Term, 189A, of Nortiiamptox Superior Court, before lloko, J., and a jury. The defendants were held to bail under an order of arrest which was granted on a complaint, used as an affidavit, alleging in substance that the defendants contracted for the purchase of one car load of commercial fertilizer from the plaintiffs and executed therefor their note for $416.25, agreeing at the time, and as a part of said contract of purchase, that they would deliver…
Read the full summary
ActioN, tried at Spring Term, 189A, of Nortiiamptox Superior Court, before lloko, J., and a jury. The defendants were held to bail under an order of arrest which was granted on a complaint, used as an affidavit, alleging in substance that the defendants contracted for the purchase of one car load of commercial fertilizer from the plaintiffs and executed therefor their note for $416.25, agreeing at the time, and as a part of said contract of purchase, that they would deliver to the plaintiffs on or before the first of May following the notes of planters or other purchasers to whom they might…
1Opinion of the Court
Bukwicll, J.:
The plaintiffs brought this action to recover of the defendant firm, W. J. Maddrey & Son, a sum of money that they alleged was due to them from defendants, and which they had refused to pay. What amount was so due to the plaintiffs was ascertained at the trial to the satisfaction of both parties, it seems, for no objection is naade to the judgment rendered so far as it declares the indebtedness of defendants to plaintiffs. These appeals concern, not the main action, but the ancillary remedy of “arrest and bail,” the aid of which the plaintiffs invoked in order the better to…
2Cases cited4 opinions
- Chemical Co. v. . JohnsonSupreme Court of North Carolina · 1887
- Powers v. . DavenportSupreme Court of North Carolina · 1888
- Travers v. . DeatonSupreme Court of North Carolina · 1890
- McNeely Walton v. . Haynes Co.Supreme Court of North Carolina · 1877
3Cited by4 opinions
- Gossler v. . WoodSupreme Court of North Carolina · 1897
- Durham Fertilizer Co. v. L. M. Little & Co.Supreme Court of North Carolina · 1896
- Southern Grocery Co. v. DavisSupreme Court of North Carolina · 1903
- Durham Fertilizer Co. v. L. M. Little & Co.Supreme Court of North Carolina · 1896