Watson v. . Davis
Supreme Court of North Carolina
Action of assumpsit, tried before Dick, Judge, at a Special Term, July 1859, of Mecklenburg Superior Court: The plaintiff’s counsel introduced a witness, who testified that he was present when the plaintiff presented the account, then before the Court, to the defendant; that the latter, after examining the account, said, that it was all correct, although larger than he expected, and that he would pay it, or arrange it with the plaintiff.
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Action of assumpsit, tried before Dick, Judge, at a Special Term, July 1859, of Mecklenburg Superior Court: The plaintiff’s counsel introduced a witness, who testified that he was present when the plaintiff presented the account, then before the Court, to the defendant; that the latter, after examining the account, said, that it was all correct, although larger than he expected, and that he would pay it, or arrange it with the plaintiff. The witness further stated, that this conversation took place at Kerr’s hotel, in the town of Charlotte, on Monday morning of the October County Court. The…
1Opinion of the CourtPearson, C. J.
In the statement of the case by his Honor, it is set out as “an action of assumpsit on an open account!!!” There is in the books no such form of action-. But to carry out the very liberal understanding, acted upon by the gentlemen of the bar in this State, for the purpose of allowing cases to go off on the merits, and not on mere matter of form, this ■ Court is to consider the declaration to have' been framed according to the evidence, so as to make the allegata, and also the form of action, correspond with the probata, which is assumed as the guide.
The account sent, as a part of the case,…
2Cited by11 opinions
- Robinson v. Seaboard System RR, Inc.Court of Appeals of North Carolina · 1987
- State v. . StephensonSupreme Court of North Carolina · 1940
- Nicholson v. Eureka Lumber Co.Supreme Court of North Carolina · 1911
- Martin v. . KnightSupreme Court of North Carolina · 1908
- Nelson v. PatrickCourt of Appeals of North Carolina · 1985
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