Legal Opinion

Armour Fertilizer Works v. Cox

Supreme Court of North Carolina

Decided April 30, 1924PublishedCited by 4 opinions

Appeal by plaintiff from Staclc, J., at November Term, 1923, of RICHMOND. The following is the record of the instruction given the jury: “If you believe the evidence in this case, the court instructs you to answer this issue, which is, 'In what amount, if any, are defendants indebted to the plaintiff,’ to answer that issue the amount of the three notes sued on, with credits of $9.90, $39.25, and $76.16. Gentlemen of the jury, if you believe the evidence, you will answer it…

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Appeal by plaintiff from Staclc, J., at November Term, 1923, of RICHMOND. The following is the record of the instruction given the jury: “If you believe the evidence in this case, the court instructs you to answer this issue, which is, 'In what amount, if any, are defendants indebted to the plaintiff,’ to answer that issue the amount of the three notes sued on, with credits of $9.90, $39.25, and $76.16. Gentlemen of the jury, if you believe the evidence, you will answer it the amount of the notes subject to credits amounting to $132.31, and with your permission, I will write your answer here.…

1Opinion of the CourtAdams, J.

The plaintiff brought suit to recover the remainder alleged to be due on certain notes executed by the defendants for the purchase of fertilizer. The defendants admitted the execution and delivery of the notes but contended they ha.d ordered two tons of soda and had received only one. W. B. Cox testified to this effect, and his Honor instructed the jury if they believed the evidence to return a verdict for the amount of the three notes sued on less a credit of $132.31. This credit included $76.16, the price of the soda which, according to the evidence of the defendants, they had not received.…

2Cases cited4 opinions

  1. Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
  2. Board of Education v. MakelySupreme Court of North Carolina · 1905
  3. State v. MurphreySupreme Court of North Carolina · 1923
  4. Smith v. . HolmesSupreme Court of North Carolina · 1914

3Cited by4 opinions

  1. Gouldin Ex Rel. Wiley v. Inter-Ocean InsuranceSupreme Court of North Carolina · 1958
  2. Morris v. TateSupreme Court of North Carolina · 1949
  3. State v. . MooreSupreme Court of North Carolina · 1926
  4. Andrews v. . ParksSupreme Court of North Carolina · 1939

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