Hoffman v. . Kramer
Supreme Court of North Carolina
Civil action before Adams, J., at October Term, 1897, of Durham Superior Court, upon three promissory notes, dated January 14, 1896, for $242 each, payable six, seven and eight months after date to the order of M. Lindheim, executed by the defendants, and endorsed by the payee to the plaintiffs, before maturity and for value, and protested for non-payment.
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Civil action before Adams, J., at October Term, 1897, of Durham Superior Court, upon three promissory notes, dated January 14, 1896, for $242 each, payable six, seven and eight months after date to the order of M. Lindheim, executed by the defendants, and endorsed by the payee to the plaintiffs, before maturity and for value, and protested for non-payment. The answer denies the ownership of the notes by the plaintiff and also alleged by way of counter-claim that the plaintiff had appropriated to their own use five hales of Havana tobacco well worth $876.84, and also a broken package of…
1Opinion of the Court
Montgomery, J.:
The defendants executed and delivered to M. Lindheim, a dealer in tobacco in New York City, three promissory notes of $242 each, payable at Durham, N. C., the purchase money for five packages of Havana tobacco to be delivered to the defendants upon their call. In the complaint it is alleged that Lind-heim sold to the plaintiffs the notes before maturity and for value.
This action' is for the recovery of the amount due on the notes. The defendants set up among other defences two counter-claims — -one for the value of a broken package of tobacco belonging to the defendants and…
2Cases cited1 opinion
- Warner v. MartinSupreme Court of the United States · 1851
3Cited by6 opinions
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- Cone v. . Fruit Growers' AssociationSupreme Court of North Carolina · 1916
- Smith v. Jefferson BankMissouri Court of Appeals · 1906
- Winslow Bros. v. StatonSupreme Court of North Carolina · 1909
- New Bern Oil & Fertilizer Co. v. National BankCourt of Appeals for the Fourth Circuit · 1928
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