A. L. Webb & Sons v. Hicks
Supreme Court of North Carolina
Civil action, tried before Brown, «/., at November Term, 1894 (a jury trial being waived). The complaint was as follows: The plaintiffs, complaining, say : “1. That Chas. A. Webb and Oscar E. Webb, above named plaintiffs, at the times hereinafter named, were partners doing business at Baltimore, Maryland, as A. L. Webb & Son. “2. That the plaintiff, M. McD.
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Civil action, tried before Brown, «/., at November Term, 1894 (a jury trial being waived). The complaint was as follows: The plaintiffs, complaining, say : “1. That Chas. A. Webb and Oscar E. Webb, above named plaintiffs, at the times hereinafter named, were partners doing business at Baltimore, Maryland, as A. L. Webb & Son. “2. That the plaintiff, M. McD. Willianis, at said times, during the year 1891, was at the instance of, and as agent for, the defendants, J. Y. Gossler and R. W. Hicks, and by their consent, doing business at Spout Springs, N. C., and as such became indebted to the said…
1Opinion of the Court
Ftjrches, J.:
The first thing called to our attention in considering this case is the allegations of plaintiff’s complaint, and it was admitted by the learned counsel who argued the case in this Court not to be a very clear statement of plaintiff’s cause of action. But they contended that it was a defective statement of a cause of action and not a statement of a defective cause of action ; that a cause of action is stated with sufficient clearness and certainty not to mislead defendants, but to give them notice of plaintiff’s claim, when and how it was created and how they became liable, and…
2Cases cited8 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Rountree v. . BrinsonSupreme Court of North Carolina · 1887
- Lassiter v. . RoperSupreme Court of North Carolina · 1894
- Crump v. . MimsSupreme Court of North Carolina · 1870
- Fulps v. . MockSupreme Court of North Carolina · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rowland Ex Rel. Messer v. BeauchampSupreme Court of North Carolina · 1960
- Griggs v. . GriggsSupreme Court of North Carolina · 1938
- King v. . ColeySupreme Court of North Carolina · 1948
- Boudreaux v. Tucson Gas, Electric Light & Power Co.Arizona Supreme Court · 1911
- Parker v. WhiteSupreme Court of North Carolina · 1953
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