Coleman v. . Whisnant
Supreme Court of North Carolina
Appeal by plaintiff from Phillips, J., at January Term, 1946, of Catawba. Civil action to recover (1) royalties upon tbe use by defendants in their hosiery mill of patent devices, invented by the plaintiff, and (2) damages for wrongful interference with plaintiff’s use of his invention. From judgment of nonsuit entered at the close of plaintiff’s evidence, he appeals, assigning errors.
1Opinion of the CourtStacy, C. J.
The case was here at last term, 225 N. C., 494, 35 S. E. (2d), 647, on demurrer to plaintiff’s pleadings, complaint and reply. G. S., 1-127. It is here now on demurrer to the evidence. G. S., 1-183. The two are different in purpose and result; the one challenges the sufficiency of the pleadings, the other the sufficiency of the evidence. Montgomery v. Blades, 222 N. C., 463, 23 S. E. (2d), 844; Smith v. Sink, 211 N. C., 725, 192 S. E., 108.
It was held on the former appeal that the contract executed by plaintiff on 3 October, 1939, and later assignments constitute “a barrier which he must…
2Cases cited23 opinions
- Smith v. . SinkSupreme Court of North Carolina · 1937
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- Coleman v. . WhisnantSupreme Court of North Carolina · 1945
- State v. . WilliamsSupreme Court of North Carolina · 1944
- Exum v. LynchSupreme Court of North Carolina · 1924
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3Cited by4 opinions
- Lewis v. ShaverSupreme Court of North Carolina · 1952
- Perry v. First Citizens National Bank & Trust Co.Supreme Court of North Carolina · 1946
- McGowan v. BeachSupreme Court of North Carolina · 1955
- Crotts v. . ThomasSupreme Court of North Carolina · 1946