McKinnon v. . McIntosh
Supreme Court of North Carolina
•Civil ACTION tried before Clark, Judge, at February Term, 1887, of RichmoND Superior Court. The plaintiff alleged that he sold and delivered to the defendant, in the months of April and May, 1883, a quantity of Lister Bros. Ammoniated Dissolved Bone at $38 per ton, amounting to $297.66, for the recovery of which this action is brought.
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•Civil ACTION tried before Clark, Judge, at February Term, 1887, of RichmoND Superior Court. The plaintiff alleged that he sold and delivered to the defendant, in the months of April and May, 1883, a quantity of Lister Bros. Ammoniated Dissolved Bone at $38 per ton, amounting to $297.66, for the recovery of which this action is brought. The defendant admitted the purchase, stipulated price and receipt of the quantity of Ammoniated Dissolved Bone mentioned in the complaint, and for a “ special defence and counter-claim,” alleged: “ 1. That the plaintiff falsely represented to the defendant…
1Opinion of the Court
Davis, J.,
(after stating the case). The ruling of his Honor in the Court below was based upon the decision of this Court in the case of Lunn v. Shermer, 93 N. C., 164.
If the defendant had amended his answer upon the suggestion and offer of the Court to allow him to do so, it would have removed all doubt and obviated the necessity of this appeal.
Under the present liberal statutory provision and practice in regard to amendments, this necessity ought not to have arisen, and it may be a question whether an appeal which could have been so easily obviated should not be dismissed for that cause. “…
2Cases cited4 opinions
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Lunn v. . ShermerSupreme Court of North Carolina · 1885
- McElwee v. . BlackwellSupreme Court of North Carolina · 1886
- Howie v. . ReaSupreme Court of North Carolina · 1874
3Cited by17 opinions
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Finch v. . GreggSupreme Court of North Carolina · 1900
- Alpha Mills v. Watertown Steam Engine Co.Supreme Court of North Carolina · 1895
- Robertson v. HaltonSupreme Court of North Carolina · 1911
- Wrenn v. . MorganSupreme Court of North Carolina · 1908
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