Legal Opinion

Farthing v. . Dark

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 9 opinions

This was a petition of the plaintiff to rehear this case, as reported in 109 N. C., 291.

1Opinion of the Court

Avery, J.:

The note assigned for value and before maturity was, upon its face, made “negotiable and payable at Durham Fence Factory, or office of Wortham, Warren & Co. Planing Mills." The plaintiff testified that when he bought the note he knew there was no factory in Durham “called the Durham Fence Factory;” but neither plaintiff, defendant, nor any other witness, disputed the fact stated by the witness Wortham, as well as Justice, who was introduced by the defendant, that there was a place of business in the town well known as the “office of Wortham & Co.” If, therefore, we concede the…

2Cases cited5 opinions

  1. Railroad Companies v. SchutteSupreme Court of the United States · 1881
  2. Jackson v. . LoveSupreme Court of North Carolina · 1880
  3. Hulbert v. . DouglasSupreme Court of North Carolina · 1886
  4. Tredwell v. . BlountSupreme Court of North Carolina · 1882
  5. Campbell v. . McCormacSupreme Court of North Carolina · 1884

3Cited by9 opinions

  1. Bank of Sampson v. HatcherSupreme Court of North Carolina · 1909
  2. Culbreth v. . HallSupreme Court of North Carolina · 1912
  3. J. L. Smathers & Co. v. Toxaway Hotel Co.Supreme Court of North Carolina · 1913
  4. Standing Stone National Bank v. WalserSupreme Court of North Carolina · 1913
  5. Myers v. PettySupreme Court of North Carolina · 1910

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