Cashmar-King Supply Co. v. Dowd & King
Supreme Court of North Carolina
Civil actiost, tried before Ferguson, -J., and a jury, at July Term, 1907, of the Superior Court of MecKleNbueg-County. This action was brought to recover the sum of $1,274.02, being the balance of an .account alleged to be due by Dowd & King, of which firm the defendant is a member, to the plaintiff, for money advanced and goods sold and delivered.
Read the full summary
Civil actiost, tried before Ferguson, -J., and a jury, at July Term, 1907, of the Superior Court of MecKleNbueg-County. This action was brought to recover the sum of $1,274.02, being the balance of an .account alleged to be due by Dowd & King, of which firm the defendant is a member, to the plaintiff, for money advanced and goods sold and delivered. The-original amount was $7,589.18, but on 28 February, 1903, Dowd & King paid thereon $3,162.01, leaving a balance as of that date of $4,393.17. The debt of Dowd & King was contracted with the Dowd & King Supply Company, whose interest therein has…
1Opinion of the Court
Walker, J.,
after stating tbe case: We need not stop to inquire whether S. E. King bad sufficient authority to enter into tbe agreement with W. E. Dowd, by which tbe latter was discharged from all liability upon tbe debt due to tbe plaintiff by Dowd & King, as we decide tbe case upon another ground, though we are inclined to tbe opinion that there was no' evidence of authorization or of ratification by tbe plaintiff.
Tbe plaintiff’s cause of action is barred by tbe statute of limitations, in any view of tbe evidence. It was not denied that W. E. Dowd paid tbe money to tbe plaintiff through its…
2Cases cited17 opinions
- Crow v. . GleasonNew York Court of Appeals · 1894
- United States v. WilderSupreme Court of the United States · 1872
- Jewett v. PetitMichigan Supreme Court · 1857
- Battle v. . BattleSupreme Court of North Carolina · 1895
- Brisbin v. FarmerSupreme Court of Minnesota · 1871
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Smith v. . DavisSupreme Court of North Carolina · 1947
- Smith v. DavisSupreme Court of North Carolina · 1947
- Cheatham v. Sahuaro Collection Service, Inc.Court of Appeals of Arizona · 1978
- Whitley's Electric Service, Inc. v. SherrodSupreme Court of North Carolina · 1977
- Little v. . ShoresSupreme Court of North Carolina · 1941
18 more not listed; retrieve them via the Exa API.