Zachary v. . Phillips
Supreme Court of North Carolina
This is a Civil action, which was tried before MacRae, J., at March Term, 1888, of Buncombe Superior Court. The following is the case settled on appeal: “ Plaintiff sought to recover of the defendants the price of certain beef cattle alleged to have been sold by him and delivered to defendants as partners in trade, and a sum of money advanced by plaintiff to defendants to pay the freight on said cattle, all of which plaintiff alleged that defendants-promised to pay.
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This is a Civil action, which was tried before MacRae, J., at March Term, 1888, of Buncombe Superior Court. The following is the case settled on appeal: “ Plaintiff sought to recover of the defendants the price of certain beef cattle alleged to have been sold by him and delivered to defendants as partners in trade, and a sum of money advanced by plaintiff to defendants to pay the freight on said cattle, all of which plaintiff alleged that defendants-promised to pay. The defendants denied that they, as partners, had pur■chased the cattle from plaintiff, but admitted that the defendant Phillips…
1Opinion of the CourtMerrimon, J.
The plaintiff testified that he received the-letter objected to on the trial from the defendants — from one-as much as from the other, and from both — and no objection was made that he did not receive it from the defendant Wilson. It purported to be the letter of both, had reference to the beef cattle mentioned, and their joint business and liability in that respect. It was therefore some evidence of such partnership of the defendants as that alleged, subject to explanation and contradiction by controverting evidence,
The objection to the instruction of the Court to the jury was unfounded. It…
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