Armstrong, Cator & Co. v. Best
Supreme Court of North Carolina
Civil aotioN, heard before Bryan, L, at January Term, 1892, of WayNe Superior Court, upon the following agreed statement of facts: “It is agreed that at the time the goods for the purchase-money of which this action is brought were bought the plaintiffs were merchants, doing business in the city of Baltimore, in the State of Maryland, and the defendant L. C. Best was carrying on the trade of milliner and merchant in the city of Goldsboro, State of North Carolina, in her own…
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Civil aotioN, heard before Bryan, L, at January Term, 1892, of WayNe Superior Court, upon the following agreed statement of facts: “It is agreed that at the time the goods for the purchase-money of which this action is brought were bought the plaintiffs were merchants, doing business in the city of Baltimore, in the State of Maryland, and the defendant L. C. Best was carrying on the trade of milliner and merchant in the city of Goldsboro, State of North Carolina, in her own name, as a licensed trader; that said goods were ordered by the defendant L. C. Best of the plaintiffs, and they were…
1Opinion of the Court
ShepheRD, C. J.:
If the contract, which is the subject of this action, was made in this State, it is well settled that it would be void by reason of the common law disability of the feme defendant to make any contract whatever upon which a personal judgment can be rendered against her, except in the cases provided by statute. Pippen v. Wesson, 74 N. C., 437; Dougherty v. Sprinkle, 88 N. C., 300; Baker v. Garris, 108 N. C., 218; Flaum v. Wallace, 103 N. C., 296; Farthing v. Shields, 106 N. C., 289.
The plaintiff's, however, insist that the contract was made in the city-of Baltimore, Maryland,…
2Cases cited13 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Pippen v. . WessonSupreme Court of North Carolina · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Howard v. . HowardSupreme Court of North Carolina · 1931
- Archbell v. ArchbellSupreme Court of North Carolina · 1912
- Bundy v. . Commercial Credit Co.Supreme Court of North Carolina · 1931
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- Bundy v. Commercial Credit Co.Supreme Court of North Carolina · 1931
22 more not listed; retrieve them via the Exa API.