Legal Opinion

Norfleet v. Cromwell

Supreme Court of North Carolina

Decided January 15, 1870PublishedCited by 20 opinions

Covenant, tried upon demurrer, by Jones, J., at Spring Term 1869 of Edgecombe Court, The action bad been brought to Spring term 1867. As the question involved is an important one, and the contract which gave rise to it seems to have been drawn with care, and as the record which presents it was settled by-learned counsel, the Reporter submits the declaration (filed, in the form of a complaint, at Spring Term 1869,) in fall: IN the Superior Court op Edgecombe County.

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Covenant, tried upon demurrer, by Jones, J., at Spring Term 1869 of Edgecombe Court, The action bad been brought to Spring term 1867. As the question involved is an important one, and the contract which gave rise to it seems to have been drawn with care, and as the record which presents it was settled by-learned counsel, the Reporter submits the declaration (filed, in the form of a complaint, at Spring Term 1869,) in fall: IN the Superior Court op Edgecombe County. John Norfleet, Administrator of David Cobb, Jesse Harrell, George Harris and William T. Cobb, Plaintiffs, Agmnst Elisha Cromwell,…

1Opinion of the CourtRodman, J.

Two questions are raised by the demurrer:

I. Can the plaintiffs recover without an ayerment that the. defendant had notice that the plaintiffs had repaired the-canal, and of the amount of his liability ? We think not.. The rule on this subject is well stated in 1 Chit. PL 360: “When the matter alleged in the pleading is to be considered as more properly lying in the knowledge of the plaintiff than of the defendant, then the declaration ought to state that the defendant had notice thereof; as where the defendant promised to give the plaintiff as much for a commodity as another person had given…

2Cases cited3 opinions

  1. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  2. Hills v. MillerNew York Court of Chancery · 1831
  3. Barrow v. RichardNew York Court of Chancery · 1840

3Cited by20 opinions

  1. Davis v. RobinsonSupreme Court of North Carolina · 1925
  2. Davis v. . RobinsonSupreme Court of North Carolina · 1925
  3. Hartung v. WitteWisconsin Supreme Court · 1884
  4. Borders v. YarbroughSupreme Court of North Carolina · 1953
  5. Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886

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