Rosser v. . Bynum
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at March Term, 1914, of Lee. Civil action, beard on appeal from justice’s court. Plaintiff offered evidence tending to show that during 1911, beginning in May, be sold and delivered to defendants an amount of lumber at a stipulated price, and tbe balance due tbereon was $107.01. Defendant pleaded payment, and in support of tbe plea there was evidence-tending to show that tbe lumber was all delivered prior to 31 August, 1911, and…
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Appeal by plaintiff from Peebles, J., at March Term, 1914, of Lee. Civil action, beard on appeal from justice’s court. Plaintiff offered evidence tending to show that during 1911, beginning in May, be sold and delivered to defendants an amount of lumber at a stipulated price, and tbe balance due tbereon was $107.01. Defendant pleaded payment, and in support of tbe plea there was evidence-tending to show that tbe lumber was all delivered prior to 31 August, 1911, and defendant put in evidence a check of defendant’s on Bank and Trust Company in plaintiff’s favor, of date 31 August, for $392.73;…
1Opinion of the CourtHoke, J.
We do not concur in the view of the trial judge that if the words “lbr. to date” were on the check of 31 August when plaintiff took it they would'necessarily conclude as to every particular of indebtedness for lumber up to that date.
It is well recognized that when, in case of a disputed account between parties’, a check is given and received clearly purporting to be in full or when such a check is given and from the facts and attendant circumstances it clearly appears that it is to be received in full of all indebtedness of a given character or all indebtedness to date, the courts will allow…
2Cases cited7 opinions
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Glenn v. Farmer's Bank of North CarolinaSupreme Court of North Carolina · 1874
- Aydlett v. . BrownSupreme Court of North Carolina · 1910
- Koonce v. . RussellSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. VirgilSupreme Court of North Carolina · 1970
- Allgood v. Wilmington Savings & Trust CompanySupreme Court of North Carolina · 1955
- Brown v. Coastal Truckways, Inc.Court of Appeals of North Carolina · 1980
- Baillie Lumber Co. v. Kincaid Carolina Corp.Court of Appeals of North Carolina · 1969
- McMillan v. . R. R.Supreme Court of North Carolina · 1916
15 more not listed; retrieve them via the Exa API.