R. W. L. Raisin & Co. v. Thomas
Supreme Court of North Carolina
Civjx ACTION tried at January Special Term, 1883, of Richmond Superior Court, before Graves, J. The plaintiff’s action, begun before a justice of the peace, is to recover the amount of a note of the defendant for the sum of $200, with interest thereon, from March 1st, 1877. The defendant answered, denying the consideration of the note, and setting up a counterclaim, in which he states the note was given for a lot of worthless guano, sold to him by the plaintiff, and…
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Civjx ACTION tried at January Special Term, 1883, of Richmond Superior Court, before Graves, J. The plaintiff’s action, begun before a justice of the peace, is to recover the amount of a note of the defendant for the sum of $200, with interest thereon, from March 1st, 1877. The defendant answered, denying the consideration of the note, and setting up a counterclaim, in which he states the note was given for a lot of worthless guano, sold to him by the plaintiff, and represented to be good, to his damage two hundred dollars; and further, a counterclaim for other guano sold him also worthless…
1Opinion of the Court
Smith, C. J.,
after stating the facts. It is only necessary to notice two exceptions:
1. It was in evidence that the note in suit was given and accepted for two others, in the respective sums of $500 and $300, held by the plaintiffs, and the defendant, as an instruction, asked the court to tell the jury that the plaintiffs could not recover because they had not surrendered these notes upon bringing their action. The court refused so to charge, aud said that the omission would not defeat the plaintiffs’ right to have a verdict, but that judgment would be withheld until they were delivered up.…
2Cases cited5 opinions
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- Davis v. . DavisSupreme Court of North Carolina · 1880
- Meneely & Co. v. CravenSupreme Court of North Carolina · 1882
3Cited by7 opinions
- Hall v. . ArtisSupreme Court of North Carolina · 1923
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
- Love v. HuffinesSupreme Court of North Carolina · 1909
- Love v. . HuffinesSupreme Court of North Carolina · 1909
- Hall v. . ArtisSupreme Court of North Carolina · 1923
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