Morehead v. . Brown
Supreme Court of North Carolina
AotioN of assuMpsit, as bailees, tried before Caldwell, J.. at the Spring Term, 1859, of Guilford Superior Court. The plaintiff declared on two counts, one against the defendants as bailees, to keep a quantity of cotton in store, for Irire, at a fixed price, and the other, upon a special contract to cover the cotton, so as to protect it from the weather.
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AotioN of assuMpsit, as bailees, tried before Caldwell, J.. at the Spring Term, 1859, of Guilford Superior Court. The plaintiff declared on two counts, one against the defendants as bailees, to keep a quantity of cotton in store, for Irire, at a fixed price, and the other, upon a special contract to cover the cotton, so as to protect it from the weather. There was no dispute as to the fact, that the defendants had ♦agreed, for hire, to keep the plaintiff’s cotton in an enclosed lot in the town of Charlotte. In March and April, 1851, the defendants received the greater portion of plaintiff’s…
1Opinion of the CourtBattle, J.
If there be two distinct counts in a declaration, and the plaintiff offer evidence on one of them, only, and not on the other, and the Court instructs the jury on both., a general verdict on both will be erroneous, for the manifest reason, that it does not appear that the verdict was not given, in part at least, upon the count on which there was no evidence. But if, in such a case, the Court charge the jury only on the count on which the evidence was given, the general verdict will be taken to have been rendered on that count only, and will not, therefore, be erroneous; Jones v. Cook, 3 Dev.…
2Cited by8 opinions
- State v. . SigmonSupreme Court of North Carolina · 1925
- Virginia Electric & Power Co. v. Carolina Peanut Co. Virginia Fire & Marine Ins. Co. v. Carolina Peanut Co.Court of Appeals for the Fourth Circuit · 1951
- Richardson v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
- State v. Gregory.Supreme Court of North Carolina · 1910
- State v. PalmoreSupreme Court of North Carolina · 1925
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