Simpson v. . Elwood
Supreme Court of North Carolina
This was an ACTION on account, commenced before a •Justice of the Peace and brought by appeal to the Superior Court of Rutherford County and tried before Armfield, J., at Special Term, 1894. It appeared that plaintiff, who was a retail merchant, claimed to have sold to defendants on different dates a number of small items of goods, none of which items amounted to more than $25. This, was a running-account extending over two or three years, and had never been liquidated nor…
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This was an ACTION on account, commenced before a •Justice of the Peace and brought by appeal to the Superior Court of Rutherford County and tried before Armfield, J., at Special Term, 1894. It appeared that plaintiff, who was a retail merchant, claimed to have sold to defendants on different dates a number of small items of goods, none of which items amounted to more than $25. This, was a running-account extending over two or three years, and had never been liquidated nor any part of it paid. That the aggregate amount of the items was $295.10 and. interest. The plaintiff brought two suits…
1Opinion of the Court
MacRae, J.:
The plaintiff had a right to bring his action upon each distinct item or transaction. If, however, he should bring more actions than were necessary to avail himself of the jurisdiction of a Justice of the Peace the Court would, to prevent oppression and the unnecessary burden of costs, require him to consolidate his actions. The leading case upon this subject is Caldwell v. Beatty, 69 N. C., 365.
If, however, the plaintiff had rendered his account to defendants, covering a statement of all the items contracted at different dates, and no objection had been made thereto by defendants…
2Cases cited3 opinions
- Caldwell, Ex'r v. . BeattySupreme Court of North Carolina · 1873
- McPhail Bros. v. JohnsonSupreme Court of North Carolina · 1891
- Marks v. . BallanceSupreme Court of North Carolina · 1893
3Cited by2 opinions
- Mayo v. . MartinSupreme Court of North Carolina · 1923
- Wren v. Winter, Court of Common Pleas of Ohio, Hamilton County1897