Love v. . Rhyne
Supreme Court of North Carolina
Civil Action tried at Eall Term, 1881, of Gaston Superior Court, before Avery, J. This action was commenced before a justice of the peace for the recovery of the sum of $104.33 due by note and account, and the only defence set up, as a counter-claim or set-off, is an alleged indebtedness arising out of unadjusted. partnership dealings between the parties and to be ascertained upon a settlement.
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Civil Action tried at Eall Term, 1881, of Gaston Superior Court, before Avery, J. This action was commenced before a justice of the peace for the recovery of the sum of $104.33 due by note and account, and the only defence set up, as a counter-claim or set-off, is an alleged indebtedness arising out of unadjusted. partnership dealings between the parties and to be ascertained upon a settlement. The justice upon the evidence adduced disallowed the defendant’s claim and upon his appeal the cause was removed to the superior court. There, upon defendant’s motion, opposed by the plaintiff, a…
1Opinion of the CourtSmith, C. J.
The only question, as the record states, intended to be presented on the appeal, is, whether the justice has “jurisdiction of the defence set up in the answer,” and to this, without reference to any irregularity in the proceedings, our attention will be confined.
The jurisdiction in the adjustment of partnership transactions, under our former system, was committed alone to the court of equity, and no action growing out of them could be maintained at law by one partner against another, until a settlement, and for a definite sum found to be due. “At law,” says Mr. Chitty, “one partner cannot in…
2Cases cited4 opinions
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- Murphy v. . McNeillSupreme Court of North Carolina · 1880
- Fisher v. . WebbSupreme Court of North Carolina · 1881
- Derr v. . StubbsSupreme Court of North Carolina · 1880
3Cited by5 opinions
- Love v. HuffinesSupreme Court of North Carolina · 1909
- Hooks v. . HoustonSupreme Court of North Carolina · 1891
- Love v. . HuffinesSupreme Court of North Carolina · 1909
- Arrow v. . ChandgieSupreme Court of North Carolina · 1931
- Arrow v. ChandgieSupreme Court of North Carolina · 1931