Cheatham v. . Bobbitt
Supreme Court of North Carolina
Civil ACTION, tried before Greene, J., and a jury, at January Term, 1895, of GbaNville Superior Court. Plaintiff complained for goods sold and delivered to defendant in 1879 and 1882. Defendant denied purchasing tire goods and alleged they were delivered to him by plaintiff’s intestate, who was in failing circumstances, in order to avoid the payment of his debts.
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Civil ACTION, tried before Greene, J., and a jury, at January Term, 1895, of GbaNville Superior Court. Plaintiff complained for goods sold and delivered to defendant in 1879 and 1882. Defendant denied purchasing tire goods and alleged they were delivered to him by plaintiff’s intestate, who was in failing circumstances, in order to avoid the payment of his debts. Defendant also pleaded statute of limitations. . B. F. Cheatham, plaintiff, was introduced as a witness in his own behalf, and testified that he was administrator and brother of John A. Cheatham, deceased, that John A. Cheatham was.…
1Opinion of the Court
Avery, J.:
The word “ transaction ” is used in the stat-tute in reference to the joinder of actions (Gode, Sec. 267) in the sense of the conduct or finishing up of an affair, which constitutes as a whole the “subject of action ”. So the term “ personal transaction,” in its application to a. case like the one at bar, was intended to describe the whole of the negotiation or treaty between the original parties to it, out of which the cause of action arose. The plaintiff would have steered clear of opening the door to his adversary had lie gone no further than to testify to the delivery of the…
2Cited by11 opinions
- Wachovia Bank & Trust Co., N.A. v. RubishSupreme Court of North Carolina · 1982
- Williams v. RobinsonDistrict Court, District of Columbia · 1940
- Pope v. . PopeSupreme Court of North Carolina · 1918
- Hatcher v. . WilliamsSupreme Court of North Carolina · 1945
- Smith v. GibbonsSupreme Court of North Carolina · 1949
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