Columbian Conservatory of Music v. Dickenson
Supreme Court of North Carolina
Appeal from Qoolc, J., at October Term, 1911, of Yancey. This was a civil action, commenced before a justice of the peace, and tried on appeal in the Superior Court. , The action was brought to recover on an unpaid and protested check for $12, and on a note for $33, dated 22 March, 1910, given by defendant to plaintiff, and payable 1 December, 1910, with interest after maturity.
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Appeal from Qoolc, J., at October Term, 1911, of Yancey. This was a civil action, commenced before a justice of the peace, and tried on appeal in the Superior Court. , The action was brought to recover on an unpaid and protested check for $12, and on a note for $33, dated 22 March, 1910, given by defendant to plaintiff, and payable 1 December, 1910, with interest after maturity. Under the charge of the court, the plaintiff obtained verdict and judgment for the amount of the check. Plaintiff appealed.
1Opinion of the CourtBeown, J.
The pleas of defendant in answer interposed two defenses: first, fraud in procuring the execution of the note and check; second, a failure of consideration.
His Honor instructed the jury that there was no evidence of •fraud, which is patent from an examination of the evidence.
Plaintiff requested the court to instruct the jury upon all the evidence, if believed, to render a verdict for the amount of both note and check. This instruction was refused.
All the evidence shows that the note and check were given for a course of musical instruction to be given by mail by plaintiff to defendant’s…
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