Smith v. Lumber Co.
Supreme Court of North Carolina
ActioN by Jolin T. Smith against Cashie and Chowan Eailroad and Lumber Company, beard by Judge T. J. Shaw and a jury, at the May Term, 1906, of the Superior Court of BbRtib, upon appeal from a justice of the peace. The plaintiff sued for $150. lie alleged that on 5 February, 1904, the defendant employed him for four months at $75 per month to inspect and buy lumber, and his service began on that day.
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ActioN by Jolin T. Smith against Cashie and Chowan Eailroad and Lumber Company, beard by Judge T. J. Shaw and a jury, at the May Term, 1906, of the Superior Court of BbRtib, upon appeal from a justice of the peace. The plaintiff sued for $150. lie alleged that on 5 February, 1904, the defendant employed him for four months at $75 per month to inspect and buy lumber, and his service began on that day. The defendant paid the wages for the first month and then discharged tire plaintiff without cause, its' superintendent stating that they did not intend to buy any more lumber. The plaintiff tried…
1Opinion of the Court
WalKER, J.,
after stating tbe case: When this case was before ns at tbe last term (140 N. O., 315), it appeared by admission of tbe parties that tbe plaintiff bad brought suit before tbe magistrate after 10 June, 1904, and at a time when tbe last instalment bad fallen due; and it was then contended with much force tbat having sued for one of tbe instalments, when all were due, and recovered judgment, the plaintiff could not sue and recover for any other instalment, because, to prevent unnecessary and oppressive litigation, tbe law construes tbe former adjudication to be a full satisfaction and…
2Cases cited21 opinions
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Croom v. . Lumber Co.Supreme Court of North Carolina · 1921
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- Croom v. Goldsboro Lumber Co.Supreme Court of North Carolina · 1921
- Behr v. BehrCourt of Appeals of North Carolina · 1980
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
17 more not listed; retrieve them via the Exa API.