General Electric Co. v. Williams
Supreme Court of North Carolina
Appeal from Justice’s court, heard before Bryan, J., at Fall Term, 1897, of the Supeiior Court of Craven County. The plaintiff sued for the sum of $171.85 for goods ■sold and delivered. The defendant denied the allegations of the complaint and set up “a further defence and counterclaim” that he had paid $33 on plaintiff’s account and that he had shipped to the plaintiff to be repaired and returned, instruments worth $166.16, which plaintiff had never returned.
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Appeal from Justice’s court, heard before Bryan, J., at Fall Term, 1897, of the Supeiior Court of Craven County. The plaintiff sued for the sum of $171.85 for goods ■sold and delivered. The defendant denied the allegations of the complaint and set up “a further defence and counterclaim” that he had paid $33 on plaintiff’s account and that he had shipped to the plaintiff to be repaired and returned, instruments worth $166.16, which plaintiff had never returned. Of these two sums, amounting to $198.16 the ■defendant remitted all in excess of the plaintiff’s claim .and pleaded the remainder…
1Opinion of the Court
Douglas, J.:
This case is before us on demurrer bo a counter-claim. The action was originally brought before a Justice of the Peace and subsequently heard on appeal in the Superior Court. The plaintiff sued for the sum of $171.85 for goods sold and delivered. The defendant denied all the allegations of the complaint, and set up as “a further defence and counter-claim,” that he had paid $33 of the account and had shipped to the plaintiff, to be repaired and returned, two arc lamps and one transformer worth the sum of $165.16, which the plaintiff had never returned. Of these two sums, amounting…
2Cases cited3 opinions
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- McDowell v. . TateSupreme Court of North Carolina · 1827
- Heyser v. . GunterSupreme Court of North Carolina · 1896
3Cited by19 opinions
- Freeman v. . BrownSupreme Court of North Carolina · 1909
- National Bank v. WinslowSupreme Court of North Carolina · 1927
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
- Hann v. Venetian Blind CorporationDistrict Court, S.D. California · 1936
- Manufacturers & Jobbers Finance Corp. v. LaneSupreme Court of North Carolina · 1942
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