Legal Opinion

Orvis Bros. v. Holt-Morgan Mills

Supreme Court of North Carolina

Decided March 28, 1917PublishedCited by 16 opinions

Civil actioh, tried before Winston, J., and a jury, at September Term, 1916, of CumbeklaND. The action was brought to recover the amount of a promissory note made by the defendant to the plaintiffs 25 March, 1915, for $2,100, due sixty days after date. Plaintiff introduced the note in evidence and then rested.

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Civil actioh, tried before Winston, J., and a jury, at September Term, 1916, of CumbeklaND. The action was brought to recover the amount of a promissory note made by the defendant to the plaintiffs 25 March, 1915, for $2,100, due sixty days after date. Plaintiff introduced the note in evidence and then rested. Defendant alleged that the note was given for margins upon what is known as “futures” or contracts in the form of sale of cotton to be delivered in the future, when there was no real intention to deliver the cotton, but merely to settle them by paying the differences in prices according…

1Opinion of the Court

Walicer, J.,

after stating the case: The charge of the judge was very meager. He simply instructed the jury that the burden was upon the defendant, and if it had shown that the contract was illegal, they should answer the third issue “Yes,” but if it had failed in this respect they should answer it “No.” We do not think this was an adequate charge or a compliance with the statute. All tbe evidence tended to show that the contracts for the pretended sales of cotton were condemned by our statute. Revisal, secs. 1689, 3823, 3824. There was no instruction or intimation to the jury as to what would…

2Cases cited9 opinions

  1. Embrey v. JemisonSupreme Court of the United States · 1889
  2. Simmons v. Davenport.Supreme Court of North Carolina · 1906
  3. State v. . KaleSupreme Court of North Carolina · 1899
  4. Edgerton v. . EdgertonSupreme Court of North Carolina · 1910
  5. Burns v. . TomlinsonSupreme Court of North Carolina · 1908

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3Cited by16 opinions

  1. Chambers Ex Rel. Chambers v. AllenSupreme Court of North Carolina · 1951
  2. Citizens National Bank v. PhillipsSupreme Court of North Carolina · 1952
  3. Williams v. Eastern Carolina Coach Co.Supreme Court of North Carolina · 1929
  4. Bowen v. . SchnibbenSupreme Court of North Carolina · 1922
  5. Carolina-Tennessee Power Co. v. Hiawassee River Power Co.Supreme Court of North Carolina · 1918

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