Legal Opinion

Morehead v. Wriston

Supreme Court of North Carolina

Decided June 15, 1875PublishedCited by 8 opinions

Civil ACTION, on a money demand, tried at the Spring Term, 1875, of the Superior Court of MecKLENbubg- county, before his Honor, Judge Seheneh. The record states that “ the plaintiff’s counsel in this ease having abandoned the allegations made against A. J. Orr, it is adjudged that the action be dismissed as to his estate, and that his administrator recover his costs, to be taxed by the Clerk.”

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Civil ACTION, on a money demand, tried at the Spring Term, 1875, of the Superior Court of MecKLENbubg- county, before his Honor, Judge Seheneh. The record states that “ the plaintiff’s counsel in this ease having abandoned the allegations made against A. J. Orr, it is adjudged that the action be dismissed as to his estate, and that his administrator recover his costs, to be taxed by the Clerk.” The following is the case sent with the record as a statement of the facts by the counsel representing both plaintiff and defendant. ® Upon the trial in the Court below, John A. Young, a witness for…

1Opinion of the CourtReade, J.

The briefs, on both sides, are very well prepared, and aid us very much.

The finding of the jury upon the issues is to the effect that when the defendant, Wriston, entered into the new partnership with Young, he agreed with Young that the new partnership should pay the debts of the old partnership of Carson, Young & Grier; and that this promise was made upon a sufficient consideration. There is no doubt, therefore, that the defendant, Wriston, is bound to Young to perform that agree ment.

The plaintiff, who is a creditor of the old firm, insists that that agreement between Young and Wriston…

Also in this document: Per curiam.

2Cited by8 opinions

  1. Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
  2. Wood v. . KincaidSupreme Court of North Carolina · 1907
  3. Rector v. . LydaSupreme Court of North Carolina · 1920
  4. Woodcock v. . BosticSupreme Court of North Carolina · 1896
  5. Peacock v. . WilliamsSupreme Court of North Carolina · 1887

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