McPhail Bros. v. Johnson
Supreme Court of North Carolina
Civil actioN, tried at May Term, 1891, of Cumberland Superior Court, before Armfield, J. The'facts necessary to an understanding of the opinion are as follows: This was one of three civil actions commenced and tried at the same time in the court of a Justice of the Peace of Cumberland County, in all of which plaintiffs recovered judgment, and the defendant appealed to the Superior Court.
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Civil actioN, tried at May Term, 1891, of Cumberland Superior Court, before Armfield, J. The'facts necessary to an understanding of the opinion are as follows: This was one of three civil actions commenced and tried at the same time in the court of a Justice of the Peace of Cumberland County, in all of which plaintiffs recovered judgment, and the defendant appealed to the Superior Court. The actions were founded upon a written contract between the defendant and the firm of PI. Wade & Co., the latter firm having assigned their interest to plaintiffs. Plaintiffs alleged that the whole of said…
1Opinion of the Court
MerriaioN, C. J.:
The alleged indebtedness of the defendant to the plaintiffs accrued from time to time, and at divers times, under and by virtue of a single contract, whereby H. Wade & Co. agree to supply the defendant with “ the entire output ” of a lumber mill, and they completely performed their part of such contract. The sum of money demanded by the plaintiffs was much more than two hundred dollars, and to facilitate the collection of their debt they subdivided their claim, so as to bring each part of it within the jurisdiction of a Justice of the Peace. They contend that they had the…
2Cases cited2 opinions
- Moore v. . NowellSupreme Court of North Carolina · 1886
- Kearns v. . HeitmanSupreme Court of North Carolina · 1889
3Cited by6 opinions
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Allison v. . SteeleSupreme Court of North Carolina · 1941
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Smith v. . Lumber CompanySupreme Court of North Carolina · 1906
- Rosenstein v. HynsonCourt of Appeals of Maryland · 1929
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