Armstrong v. . Kinsell

Tbe plaintiff executed to defendant Burusell two notes for $400 eacb, payable at tbe National Bank of New Bern, respectively,- on 3 January, 1914, and 3 September, 1914, for tbe balance due on purchase of a “merry-go-round” on wbicb be bad made a casb payment. These notes were deposited with tbe defendant bank for collection. On arrival of tbe machine, being dissatisfied with its condition, tbe plaintiff brought this action, alleging false representation and breach of warranty and asking damages to tbe extent of tbe balance, of tbe purchase money and an injunction against tbe defendant…