Davis v. . Stephenson
Supreme Court of North Carolina
Action tried before Long, J., and a jury, August Term, 1908, of UhioN. This action was brought to recover the amount of an account for goods sold and delivered to the defendant, cash advanced and money paid for him at his request, the amount claimed by the plaintiff being one hundred and seventy-one Y5-100 dollars.
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Action tried before Long, J., and a jury, August Term, 1908, of UhioN. This action was brought to recover the amount of an account for goods sold and delivered to the defendant, cash advanced and money paid for him at his request, the amount claimed by the plaintiff being one hundred and seventy-one Y5-100 dollars. There were two accounts, one for $128.59 and the other for $43.16. The defendant denied his liability and set up a counterclaim for $39.08. The issues submitted, ■with the answers thereto, were as follows: 1. In what amount, if any, is the defendant indebted to the plaintiff ?…
1Opinion of the Court
Wauker, J.,
after stating the case: There ivas evidence in support of the contentions of the respective parties. The plaintiff contended, during the course, of the trial, that the account for $128.59 had been rendered to the defendant, that he kept it a reasonable time and failed to object to it, and it thereby became an account stated, and he now complains and excepts because the Court refused to charge in accordance with that contention. Theye are two reasons why this exception cannot be sustained. In the “contention,” as it is called, the plaintiff assumes as a fact that the account was…
2Cases cited5 opinions
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Hawkins Co. v. . LongSupreme Court of North Carolina · 1876
- Gooch v. . Vaughan BarnesSupreme Court of North Carolina · 1885
- Daniel v. . WhitfieldSupreme Court of North Carolina · 1853
- Webb v. . ChambersSupreme Court of North Carolina · 1843
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- Little v. . ShoresSupreme Court of North Carolina · 1941
- Savage v. . CurrinSupreme Court of North Carolina · 1934
- Richardson v. . SatterwhiteSupreme Court of North Carolina · 1932
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