Drewry-Hughes Co. v. Davis
Supreme Court of North Carolina
Appeal by plaintiff from W. J. Adams, JAugust Term, 1909, of UNION. The plaintiff brought three actions against the defendant, before a justice of the peace, upon two notes, less than $200 each, and upon an open account, the three demands, amounting to $491.36, exclusive of interest.
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Appeal by plaintiff from W. J. Adams, JAugust Term, 1909, of UNION. The plaintiff brought three actions against the defendant, before a justice of the peace, upon two notes, less than $200 each, and upon an open account, the three demands, amounting to $491.36, exclusive of interest. The defendant admitted the notes and account, and pleaded accord and satisfaction, in that, on 28 December, 1908, he sent plaintiff a cheek for $327.34, being .sixty-six and two-thirds-jper cent, of his indebtedness to plaintiff, and marked across the face of the check, “In full of account and notes.” The…
1Opinion of the Court
MANNING, J.,
after stating tbe ease: It is manifest that tbe learned trial judge conceived tbe view tbat tbe findings of tbe jury on tbe first and third issues were determinative of tbe rights of tbe parties, and their rights, so fixed, could not be affected by the other facts found by tbe jury. These findings to the first and third issues ascertained tbat the certification of tbe check was procured by tbe plaintiff, not induced by any fraud on tbe part of tbe defendant; and so little were tbe matters involved in these two issues controverted tbat bis Honor instructed tbe jury, and properly…
2Cases cited17 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Potter v. DouglassSupreme Court of Connecticut · 1877
- Cole v. . LawsSupreme Court of North Carolina · 1889
- Austin v. . StewartSupreme Court of North Carolina · 1900
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3Cited by12 opinions
- Berger v. QuinteroSupreme Court of Louisiana · 1930
- DeLoache v. DeLoacheSupreme Court of North Carolina · 1925
- Aydlett v. . BrownSupreme Court of North Carolina · 1910
- Likas v. LackeySupreme Court of North Carolina · 1923
- Durant v. . PowellSupreme Court of North Carolina · 1939
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