Smith v. Lumber Co.
Supreme Court of North Carolina
Action by Jobn T. Smith against Cashie & Obowan Railroad & Lumber Co., beard, on -appeal from a Justice of the Peace, by Judge B. B. Peebles and a jury, at the September Term, 1905, of the Superior Court of Bertie. The plaintiff sued before a justice of the peace to recover the sum of $150, the balance due for services. In bis complaint be alleged that the defendant owed him $150 for two months’ work at $75 per month.
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Action by Jobn T. Smith against Cashie & Obowan Railroad & Lumber Co., beard, on -appeal from a Justice of the Peace, by Judge B. B. Peebles and a jury, at the September Term, 1905, of the Superior Court of Bertie. The plaintiff sued before a justice of the peace to recover the sum of $150, the balance due for services. In bis complaint be alleged that the defendant owed him $150 for two months’ work at $75 per month. The defendant simply denied that it owed the plaintiff anything. The plaintiff testified that on February 5, 1905, the defendant employed him to buy lumber trees for it, for…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant relied upon the judgment recovered before the justice of the peace for the second month’s instalment of salary as a bar to this action, and assigns as a reason why it should have this effect that there was a single contract to pay a salary by monthly instalments, and as all the instalments were over-due at the time the suit was brought and the judgment rendered, the plaintiff was required to sue for all of them in one action and could not make any one instalment the subject of a separate suit and obtain judgment for it, without losing the right…
2Cases cited9 opinions
- Curtis v. Piedmont Lumber & Mining Co.Supreme Court of North Carolina · 1891
- Hawkins v. . HughesSupreme Court of North Carolina · 1882
- Blackwell v. Dibbrell Bros. & Co.Supreme Court of North Carolina · 1889
- Hicks v. . BeamSupreme Court of North Carolina · 1893
- Jarrett v. . SelfSupreme Court of North Carolina · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hampton v. North Carolina Pulp Co.Supreme Court of North Carolina · 1943
- Green v. . Casualty Co.Supreme Court of North Carolina · 1932
- Virginia-Carolina Power Co. v. TaylorSupreme Court of North Carolina · 1926
- Rayburn v. . Casualty Co.Supreme Court of North Carolina · 1906
- Thompson v. SEABOARD AIR LINE RAILROAD COMPANYSupreme Court of North Carolina · 1958
5 more not listed; retrieve them via the Exa API.