L. and E. Miller v. . Land and Lumber Co. of N.C.
Supreme Court of North Carolina
This was a civil action tried before His Honor Judge Fool, and a jury at Spring- Term, 1871, of Pasquotank Superior -Court, and was brought to recover the value of certain goods ■which the plaintiffs alleged had • been sold and delivered by .diem to the defendant.
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This was a civil action tried before His Honor Judge Fool, and a jury at Spring- Term, 1871, of Pasquotank Superior -Court, and was brought to recover the value of certain goods ■which the plaintiffs alleged had • been sold and delivered by .diem to the defendant. Oa trial, the plaintiffs having introduced testimony tending So prove that they gave credit to tlie defendant, to confirm tike-evidence of the witness (one of the plaintiffs), it was proposed to show that one Ambrister negotiated with plaintiffs fior the purchase of the goods on behalf of the defendant, repre- ■ .sealing himself as…
1Opinion of the CourtRodMAN, J.
We think the defendant exceptions to the instructions given by the Judge below cannot be sustained.
The jury found that the goods were sold by plaintiffs on the credit of the defendant, upon the request of a person representing himself as its agent, that they were sent to and received by défendant, that at or about the time of their receipt, the officers of the company also received invoices sent by plaintiffs, in which the defendant was charged as debtor for the price of the goods, and that afterwards defendant used the goods. We agree with the Judge that with these facts in proof, it was…
2Cited by9 opinions
- Brittain v. WesthallSupreme Court of North Carolina · 1904
- American Central Life Insurance v. RosensteinIndiana Court of Appeals · 1910
- Starkweather v. . GravelySupreme Court of North Carolina · 1924
- Metzger Bros. v. WhitehurstSupreme Court of North Carolina · 1908
- Citizens Bank v. GroveSupreme Court of North Carolina · 1932
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