Harvey v. . Hambright
Supreme Court of North Carolina
Civil ACTION, commenced before a justice of the peace in the county of CLEVELAND, and tried upon appeal in the Superior Court, before Philips, Judge, at the Spring Term, 1885. The plaintiff alleges in substance that, in November, 1882, a suit was pending against him in South Carolina, instituted by J. G. Black; that while he was confined in bed by sickness, the defendant Hambright told him that he had lost his suit, but that the plaintiff therein was willing to compromise…
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Civil ACTION, commenced before a justice of the peace in the county of CLEVELAND, and tried upon appeal in the Superior Court, before Philips, Judge, at the Spring Term, 1885. The plaintiff alleges in substance that, in November, 1882, a suit was pending against him in South Carolina, instituted by J. G. Black; that while he was confined in bed by sickness, the defendant Hambright told him that he had lost his suit, but that the plaintiff therein was willing to compromise for $50, and not harrass him further, as he sympathized with him; that acting under the belief that the representations…
1Opinion of the Court
Davis, J.,
(after stating the case). Sec. 887 of The Code provides that “justices of the peace-shall have concurrent jurisdiction of civil actions not founded on contract, wherein the value of the property in controversy, does not exceed fifty dollars.” The property in controversy here is the fifty dollars, which, the plaintiff alleges, he was induced to.pay by the representations made by the defendant, and which were untrue, and is clearly within the section referred to.
Bullinger v. Marshall, 70 N. C., 520, cited by counsel for the defendant, was before the act of 1876-77 (§887 of The Code),…
2Cases cited4 opinions
- Bullinger v. . MarshallSupreme Court of North Carolina · 1874
- Ashe v. . GraySupreme Court of North Carolina · 1884
- Ashe v. . GraySupreme Court of North Carolina · 1883
- Barneycastle v. . WalkerSupreme Court of North Carolina · 1885
3Cited by6 opinions
- Fields v. . BrownSupreme Court of North Carolina · 1912
- Bowers v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Malloy v. City of FayettevilleSupreme Court of North Carolina · 1898
- Long v. FieldsSupreme Court of North Carolina · 1889
- Long v. . FieldsSupreme Court of North Carolina · 1889
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