Legal Opinion

Courtney v. . Parker

Supreme Court of North Carolina

Decided May 9, 1917PublishedCited by 28 opinions

Civil action-, tried before Webb, J., and a jury, at Mareb Term, 1917, OÍ ÁNSON. Tbe action was to recover a balance due for building material supplied to defendant pursuant to a contract made in tbe course of plaintiff’s business, W. R. Courtney, and conducted by bim under tbe name and style of tbe Wadesboro Marble Works and without having registered tbe true name of plaintiff as owner of tbe business, as required by act of 1913, cb. 77. Plaintiff having admitted in open…

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Civil action-, tried before Webb, J., and a jury, at Mareb Term, 1917, OÍ ÁNSON. Tbe action was to recover a balance due for building material supplied to defendant pursuant to a contract made in tbe course of plaintiff’s business, W. R. Courtney, and conducted by bim under tbe name and style of tbe Wadesboro Marble Works and without having registered tbe true name of plaintiff as owner of tbe business, as required by act of 1913, cb. 77. Plaintiff having admitted in open court that be bad so conducted tbe business without having complied with tbe statute, tbe court entered judgment…

1Opinion of the CourtHoke, J.

Tbe statute in question, Laws 1913, cb. 77, in general terms, provides: “That no person or persons shall carry on, conduct, or trans act business in this State under an assumed name, or any designation, name, or style other than the real name of the individual or individuals owning, conducting, or transacting such business, unless such person shall file in the office of the clerk of the Superior Court of the county or counties in which such person or persons own, conduct, or transact, or intend to own, conduct, or transact such business, or maintain an office or place of business, a…

2Cases cited18 opinions

  1. Cashin v. PliterMichigan Supreme Court · 1912
  2. Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
  3. Pangborn v. WestlakeSupreme Court of Iowa · 1873
  4. Levinson v. BoasCalifornia Supreme Court · 1907
  5. Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875

13 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Bryan Builders Supply v. MidyetteSupreme Court of North Carolina · 1968
  2. Marriott Financial Services, Inc. v. Capitol Funds, Inc.Supreme Court of North Carolina · 1975
  3. Gore v. George J. Ball, IncorporatedSupreme Court of North Carolina · 1971
  4. Paragon Oil Syndicate v. Rhoades Drilling Co.Texas Supreme Court · 1925
  5. Price v. . EdwardsSupreme Court of North Carolina · 1919

23 more not listed; retrieve them via the Exa API.

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