Bradley Fertilizer Co. v. Taylor
Supreme Court of North Carolina
This ACTION was brought to and complaint was filed at August Term, 1892, of Harnett Superior Court. The pleadings show that in January, 1891, and again in January, 1892, the defendant signed contracts by which he was to receive from plaintiff “Sea Fowl” guano at a certain price, f. o. b. cars, Dunn, N. C., and on receipt of goods and invoice, or not later than May 1st of said year, the defendant Taylor contracted to execute to plaintiff his notes payable on 15th November and…
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This ACTION was brought to and complaint was filed at August Term, 1892, of Harnett Superior Court. The pleadings show that in January, 1891, and again in January, 1892, the defendant signed contracts by which he was to receive from plaintiff “Sea Fowl” guano at a certain price, f. o. b. cars, Dunn, N. C., and on receipt of goods and invoice, or not later than May 1st of said year, the defendant Taylor contracted to execute to plaintiff his notes payable on 15th November and December of said years, and on January 1st of the succeeding years. In each of said contracts it is provided that these…
1Opinion of the Court
Avery, J.:
The statute (The Code, §§580 and 581) permits either plaintiff or defendant, upon notice, to subject the adversáry party or person adversely interested in the action to examination before the Clerk or Judge, or a com missioner appointed by the Court, for the purpose of eliciting evidence in support of his contention in the controversy. LaFontaine v. Underwriters’ Association, 83 N. C., 132; Vann v. Lawrence, 111 N. C., 32 ; Helms v Green, 105 N. C., 251. The parties to an action, by waiving objection to the time or place of making it, may give validity to an. order that would…
2Cases cited19 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- In Re DeatonSupreme Court of North Carolina · 1890
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Helms v. . GreenSupreme Court of North Carolina · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Edmundson v. EdmundsonSupreme Court of North Carolina · 1942
- Ledbetter v. . PinnerSupreme Court of North Carolina · 1897
- Galyon v. StuttsSupreme Court of North Carolina · 1954
- Edmundson v. . EdmundsonSupreme Court of North Carolina · 1942
- Cahoon v. . BrinkleySupreme Court of North Carolina · 1918
10 more not listed; retrieve them via the Exa API.