Chemical Co. v. McNair.
Supreme Court of North Carolina
ActioN by the Virginia-Carolina Chemical Company against John F. McNair and others, heard by Judge O. H. Allen, upon the report of the referee, at the May Term, 1905, of the Superior Court of New Hanoveb County. C. IT.
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ActioN by the Virginia-Carolina Chemical Company against John F. McNair and others, heard by Judge O. H. Allen, upon the report of the referee, at the May Term, 1905, of the Superior Court of New Hanoveb County. C. IT. Coble, being indebted to the plaintiff and desiring to obtain an extension of the time of payment, on January 26, 1898, executed his notes to be due on the first day of October and November, 1898, and at the same time, in consideration of the extension given, contracted to deliver to the plaintiff within fifteen days, lien bonds from his customers for an amount sufficient to…
1Opinion of the Court
CONNOR, J.,
after stating the facts: The record contains quite a number of assignments of error pointing to the conclusions of fact found by the judge; defendant contending that there is no evidence to sustain such conclusions. We have examined the evidence and, in our opinion, the exceptions in this respect cannot be sustained. In regard to the conclusion reached by His Honor that the five lien bonds in controversy were not included in the list furnished by Coble to defendants, the burden of proof was upon them; it is •therefore not open to them to raise the question that there was no…
2Cases cited6 opinions
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- Campbell v. . BirchNew York Court of Appeals · 1875
- Chemical Co. v. . JohnsonSupreme Court of North Carolina · 1887
- Mauney v. . CoitSupreme Court of North Carolina · 1879
- Patapsco Guano Co. v. Bryan & Co.Supreme Court of North Carolina · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Burrowes v. NimocksCourt of Appeals for the Fourth Circuit · 1929
- Virginia-Carolina Chemical Co. v. FloydSupreme Court of North Carolina · 1912
- Garrison v. . Vermont MillsSupreme Court of North Carolina · 1910
- Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
- Page Trust Co. v. Carolina Construction Co.Supreme Court of North Carolina · 1926
13 more not listed; retrieve them via the Exa API.