Ball-Thrash & Co. v. McCormick
Supreme Court of North Carolina
Appeal by plaintiff from Bragcm, J., at January Term, 1913, of Buitcombe. Action upon promissory notes. The evidence tended to slow that plaintiffs, at the request of defendants, installed a heating plant in their residence for the price of $684. When the work was completed, 10 January, 1911, the defendant A. H. McCormick gave to plaintiffs his three promissory notes, each in the sum of $288, and due, respectively, thirty, sixty, and ninety days after their date.
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Appeal by plaintiff from Bragcm, J., at January Term, 1913, of Buitcombe. Action upon promissory notes. The evidence tended to slow that plaintiffs, at the request of defendants, installed a heating plant in their residence for the price of $684. When the work was completed, 10 January, 1911, the defendant A. H. McCormick gave to plaintiffs his three promissory notes, each in the sum of $288, and due, respectively, thirty, sixty, and ninety days after their date. Plaintiffs indorsed the notes for value to the American National Bank of Asheville, N. C., the bank discounting the same 11…
1Opinion of the Court
Walker, J.,
after stating .the case: As tbe evidence was conflicting upon tbe question whether tbe two unpaid notes were taken up by plaintiffs in 1911 or in February, 1912, after this suit was brought, we must assume, in favor of plaintiffs, that it was during tbe former year, as tbe evidence must be considered in the best light for them, drawing all reasonable inferences therefrom necessary to sustain their case, and rejecting the defendant’s testimony, which is adverse to the plaintiffs. Brittain v. Westhall, 135 N. C., 492; Freeman v. Brown, 151 N. C., 111; Deppe v. R. R., 152 N. C., 79;…
2Cases cited16 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Condry v. . CheshireSupreme Court of North Carolina · 1883
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Brittain v. WesthallSupreme Court of North Carolina · 1904
- Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874
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3Cited by17 opinions
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Hodges v. . WilsonSupreme Court of North Carolina · 1914
- Tucker v. . EatoughSupreme Court of North Carolina · 1923
- Black v. HorowitzSupreme Court of Georgia · 1948
- Furst v. LoftinCourt of Appeals of North Carolina · 1976
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