Williams v. . Clouse
Supreme Court of North Carolina
Civil Action, tried at Spring Term, 1884, of Davie Superior Court, before Gilmer, J. It appears that the plaintiff, Fannie Williams, and the defendant and II. C. Eccles formed a partnership for the purpose of keeping a hotel in the town of Charlotte, in this state, to continue from the 1st day of January, 1870, for three years next thereafter, and that they did such business for that length of time.
Read the full summary
Civil Action, tried at Spring Term, 1884, of Davie Superior Court, before Gilmer, J. It appears that the plaintiff, Fannie Williams, and the defendant and II. C. Eccles formed a partnership for the purpose of keeping a hotel in the town of Charlotte, in this state, to continue from the 1st day of January, 1870, for three years next thereafter, and that they did such business for that length of time. It is alleged by the plaintiff that the business affairs of that partnership were settled so far as the defendant was interested, except that she (the defendant) received from the partnership in…
1Opinion of the Court
Mbrrimon, J.,
after stating the case. It seems that the. court below based its intimation that the plaintiff could not sustain her action upon the ground that the judgment in the action determined in the superior court of Rowan, county, wherein she and the present defendant were plaintiffs, and H. C. Eccles wasdefendant, operates as an estoppel of record upon her as to her present alleged cause of action. • At the argument, we were much inclined to think so, but a careful examination of the record in that action leads us to a different conclusion.
It is true, the action referred to was brought…
2Cases cited1 opinion
- Russell v. PlaceSupreme Court of the United States · 1877
3Cited by17 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
- Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1886
- Royster v. . WrightSupreme Court of North Carolina · 1896
12 more not listed; retrieve them via the Exa API.