Coal Co. v. . Ice Co.
Supreme Court of North Carolina
ActioN by tbe Indian Mountain Jellico Goal Company against tbe Asheville Ice and Coal Company, beard by Judge W. A. Ilolce and a jury, at May Term, 1903, of tbe Superior Court of Buncombe County.
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ActioN by tbe Indian Mountain Jellico Goal Company against tbe Asheville Ice and Coal Company, beard by Judge W. A. Ilolce and a jury, at May Term, 1903, of tbe Superior Court of Buncombe County. This action was brought to recover tbe sum of $361.54 alleged by tbe plaintiff to be due from tbe defendant for coal sold and delivered to it in tbe months of February and March, 1899. Tbe coal was delivered under a contract between tbe parties, of which tbe following is a copy: “Pellico., TeNN., April 12, 1898. “This agreement, entered into this day by and between Indian Mountain Jellico Coal Co.,…
1Opinion of the Court
WalKER, J.,
after stating the case. The defendant insisted that it was entitled to rely upon its counter-claim in bar of any recovery by the plaintiff and that the issue should be, “Is the defendant indebted to the plaintiff, and if so, in what sum?” and also, that there should be issues on the counter-claim as to the surplus. We do not think the defendant has pleaded the matters set forth in the counterclaim strictly in defense as a bar to the plaintiff’s recovery, and the Court so held. The counter-claim would of course have operated as a bar if the jury had found that defendant’s damages…
2Cases cited27 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Wicker v. HoppockSupreme Court of the United States · 1867
- Warren v. StoddartSupreme Court of the United States · 1882
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Tipton v. . FeitnerNew York Court of Appeals · 1859
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