Carpenter, Baggott & Co. v. Hanes
Supreme Court of North Carolina
Appeal by plaintiffs from Devin, Jat March Term, 1914, of EoR-SYTH. The plaintiff complained as follows: 1. Plaintiffs above named, under the firm name of Carpenter, Baggott & Co., were at the times hereinafter mentioned engaged (in the ordinary course of their business) in buying and selling cotton for a commission. 2. Defendant W: M. Hanes is a citizen and resident of the State and county aforesaid, and was at the times hereinafter mentioned engaged (in the ordinary course…
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Appeal by plaintiffs from Devin, Jat March Term, 1914, of EoR-SYTH. The plaintiff complained as follows: 1. Plaintiffs above named, under the firm name of Carpenter, Baggott & Co., were at the times hereinafter mentioned engaged (in the ordinary course of their business) in buying and selling cotton for a commission. 2. Defendant W: M. Hanes is a citizen and resident of the State and county aforesaid, and was at the times hereinafter mentioned engaged (in the ordinary course of his business) in the manufacture of cotton. 3. On and between 12 June, 1912, and 27 September, 1912, plaintiffs…
1Opinion of the Court
Walker, J.,
after stating the case: We need consider but the single question, whether the third counterclaim' is a good one in law, assuming the truth of the facts alleged, and not any conclusion of law from them which is therein stated, for if the facts as alleged do not constitute a valid counterclaim, the demurrer should have been sustained, and this would clear the way for plaintiff’s voluntary retirement from the court by way of a nonsuit, which it was his right to do, there being nothing left in the answer requiring his further presence, except the prosecution of his own cause, which he…
2Cases cited13 opinions
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Ludwick v. . PennySupreme Court of North Carolina · 1911
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1905
- Ely v. . DavisSupreme Court of North Carolina · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Barnette v. WoodySupreme Court of North Carolina · 1955
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Melton v. RickmanSupreme Court of North Carolina · 1945
- Miller v. . GreenwoodSupreme Court of North Carolina · 1940
- Fowle v. FowleSupreme Court of North Carolina · 1965
29 more not listed; retrieve them via the Exa API.