Legal Opinion

Perry v. . Hill

Supreme Court of North Carolina

Decided January 5, 1873PublishedCited by 9 opinions

Civil action, tried before Clarice, J., at Spring Term, 1872, of Lenoir Court. The complaint alleged that the defendant had converted plaintiff’s horse and buggjr, and this action was to recover their value. Defendant denied the conversion, and further answered that the plaintiff had compromised and settled the matter for a valuable consideration.

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Civil action, tried before Clarice, J., at Spring Term, 1872, of Lenoir Court. The complaint alleged that the defendant had converted plaintiff’s horse and buggjr, and this action was to recover their value. Defendant denied the conversion, and further answered that the plaintiff had compromised and settled the matter for a valuable consideration. The plaintiff and his son testified that the defendant borrowed plaintiff’s horse and buggy in Jones county in 18 — , for the purpose of going to Kinston, soon after the fall of Newbern, and promised to return them the next day, which he failed to…

1Opinion of the CourtRodman, J.

The plaintiff complains that defendant converted his horse and buggy to his damage, &c. Defendant denies the conversion, and further says that plaintiff compromised the matter for a valuable consideration-, and said there should be no more difficulty about it. The vagueness of this statement of .the defense, which does not show what was given upon the accord, nor that it was accepted in satisfaction might perhaps have justified the plaintiff in demuring to it, or in requiring that ’ it be made more particular. He takes issue upon it however, and the parties go to trial, upon the two issues.…

Also in this document: Per curiam.

2Cited by9 opinions

  1. Evans v. Freeman.Supreme Court of North Carolina · 1906
  2. Ray v. . BlackwellSupreme Court of North Carolina · 1886
  3. Braswell v. . PopeSupreme Court of North Carolina · 1880
  4. Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
  5. Stahelin v. SowleMichigan Supreme Court · 1891

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