Covington v. . Threadgill
Supreme Court of North Carolina
Civil AotioN tried at Fall Term, 1881, of ANSON Superior Court, before Graves, J. The plaintiff declares upon three notes, given hini by the defendant’s intestate, and also upon an open account.
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Civil AotioN tried at Fall Term, 1881, of ANSON Superior Court, before Graves, J. The plaintiff declares upon three notes, given hini by the defendant’s intestate, and also upon an open account. The first note, dated in September, 1877, is for $49.95; the second, in November, 1877, for $40; and the third, in May, 1878, for $25. The account is a running one, commencing in May, 1878, and closing in September of that year, and is for $43.45. The evidence was that the plaintiff was a licensed retailer of spirituous liquors in the town of Wadesboro, keeping also for sale cigars, tobacco,…
1Opinion of the CourtRuffin, J.
The defence rests upon the act of 1798 (Bat. Rev., ch. 81, § 4), which declares that “no retailer of liquors by the small measure shall sell to any person, on credit, liqcfors to a greater amount than ten dollars, unless the person credited sign a book or note in the presence of a witness in acknowledgment of the debt, under the penalty of losing the money so credited, and that in any action brought for the recovery of such debt, the matter of defence allowed by this section may be set up in the answer and given in evidence.”
The policy of the statute need not be commented on. It is such as…
2Cases cited1 opinion
- Clemmons v. . HamptonSupreme Court of North Carolina · 1870
3Cited by23 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- McGuinn v. . High PointSupreme Court of North Carolina · 1940
- Sharp, Admr. v. . FarmerSupreme Court of North Carolina · 1838
- Burbage v. . WindleySupreme Court of North Carolina · 1891
- Griffin v. . HastySupreme Court of North Carolina · 1886
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