Patterson v. . McIver
Supreme Court of North Carolina
Civiii ActioN tried at December Special Term, 1883, of Moose Superior Court, before MacRae, J. This action was commenced in the court of a justice of the peace against Mclver & Dalrymple, partners in trade, doing business in the town of 'Jonesboro, to recover the value of a bale of cotton.
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Civiii ActioN tried at December Special Term, 1883, of Moose Superior Court, before MacRae, J. This action was commenced in the court of a justice of the peace against Mclver & Dalrymple, partners in trade, doing business in the town of 'Jonesboro, to recover the value of a bale of cotton. The plaintiff alleged that in December, 1881, be, by his agent Nathan 'Underwood, delivered a bale of cotton weighing about 630 pounds to the defendants, and of the value of $69.30, to be by them sold as soon as the price of cotton reached eleven cents a pound; that the price soon thereafter advanced to…
1Opinion of the CourtMerkdioN, J.
The exceptions of the appellant are confined to the refusal of the court to give the jury the special instructions as prayed for.
If it be granted that he was entitled to them, the court was not bound to give them in terms, if it gave the substance of them, not impairing their force, or so much of them as the facts of the case warranted: that was sufficient. Brink v. Black, 77 N. C., 59 ; Kinney v. Laughenour, 89 N. C., 365.
Upon an examination of the special instructions prayed for and the charge given to the jury, we think the court gave ihe substance of so much of them as the defendants were…
2Cases cited3 opinions
- Brink v. . BlackSupreme Court of North Carolina · 1877
- Kinney v. . LaughenourSupreme Court of North Carolina · 1883
- Long v. . PoolSupreme Court of North Carolina · 1873
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- Edwards v. . PhiferSupreme Court of North Carolina · 1897
- Hooker v. Norfolk Southern RailroadSupreme Court of North Carolina · 1911