Owen v. Meroney.
Supreme Court of North Carolina
ActioN by C. M. Owen against P. P. Mexoney, beard by Judge M. U. Justice, at May Term, 1904, of tbe Superior Court of Rowan County. This was a civil action commenced by plaintiff against defendant to recover damages for defendant’s failure to carry out and comply with his part of a contract as a condition precedent to the formation of a partnership.
Read the full summary
ActioN by C. M. Owen against P. P. Mexoney, beard by Judge M. U. Justice, at May Term, 1904, of tbe Superior Court of Rowan County. This was a civil action commenced by plaintiff against defendant to recover damages for defendant’s failure to carry out and comply with his part of a contract as a condition precedent to the formation of a partnership. The complaint alleges that in the year 1900 plaintiff was engaged in running and operating a mill in Davidson County, and defendant owned a mill-site in Rowan County known as the St. John Mill property, and defendant realizing that plaintiff was…
1Opinion of the Court
Clark, 0. <L,
after stating the facts. The record states that “the defendant moves to dismiss the action because he says that this is an action at law by one partner against his copartner, as appears upon the face of the pleadings. The Court being of opinion that the action cannot be maintained in this form dismissed the action.” The plaintiff appealed. It has been more than a generation since we abolished by constitutional provision (Article IY, sec. 1) “the distinctions between actions at law and suits in equity, and the forms of all such actions and suits,” and it is a recurrence to a…
2Cases cited6 opinions
- Bull v. CoeCalifornia Supreme Court · 1888
- MacE v. . RamseySupreme Court of North Carolina · 1876
- Hill v. PalmerWisconsin Supreme Court · 1882
- Newby v. HarrellSupreme Court of North Carolina · 1888
- Pender Lumber Co. v. Wilmington Iron WorksSupreme Court of North Carolina · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pugh v. . NewbernSupreme Court of North Carolina · 1927
- Newby v. . Realty Co.Supreme Court of North Carolina · 1921
- Gilbert v. FontaineCourt of Appeals for the Eighth Circuit · 1927
- Martin v. McBrydeSupreme Court of North Carolina · 1921
- Newby v. Atlantic Coast Realty Co.Supreme Court of North Carolina · 1921
3 more not listed; retrieve them via the Exa API.