Kennedy v. . Williamson
Supreme Court of North Carolina
This was an action of assumpsit, tried before SauNdees, J., at the Special Term (February, 1858,) of Wayne Superior Court. The plaintiff declared for the price of boarding the defendant and his horse for a certain period, and the defense relied upon was payment and set off, and accord and satisfaction.
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This was an action of assumpsit, tried before SauNdees, J., at the Special Term (February, 1858,) of Wayne Superior Court. The plaintiff declared for the price of boarding the defendant and his horse for a certain period, and the defense relied upon was payment and set off, and accord and satisfaction. The service having been proved on the part of the defendant, it was proved that the plaintiff was in the possession of the defendant’s intestate’s slaves and used them during the time for which board is sought by plaintiff to be recovered, and that the services of these slaves was worth…
1Opinion of the CourtBattle, J.
When it is ascertained upon proof, or is admitted that there was a settlement of accounts between parties, if the law raises a presumption that it was a full settlement of all matters of account between them at the time when it was made, the Judge erred in refusing to give the instruction which the defendant’s counsel asked for. There was certainly testimony, tending to show, that there had been a settlement of accounts between the plaintiff and defendant’s intestate, and upon the supposition, that the jury should find the fact to be so, the defendant had a right to an instruction from the…
2Cases cited1 opinion
- Nichols v. ScottSupreme Court of Vermont · 1840
3Cited by2 opinions
- Mayo v. . MartinSupreme Court of North Carolina · 1923
- Blount v. . StarkeySuperior Court of North Carolina · 1799