Cowan v. . Phillips
Supreme Court of North Carolina
Civil ACTION tried before Bryan, J., and a jury at February Term 1897 of Beaufort Superior Court. The facts are fully stated in the opinion on the former appeal, reported in 119 N. C., 26, which are, substantially, that the defendant Phillips, who was in partnership with defendant Warren’s wife, sold to Warren his interest in .a saddle and harness stock and business in January 1893 for $1250, taking Warren’s notes in payment.
Read the full summary
Civil ACTION tried before Bryan, J., and a jury at February Term 1897 of Beaufort Superior Court. The facts are fully stated in the opinion on the former appeal, reported in 119 N. C., 26, which are, substantially, that the defendant Phillips, who was in partnership with defendant Warren’s wife, sold to Warren his interest in .a saddle and harness stock and business in January 1893 for $1250, taking Warren’s notes in payment. In November 1894, defendant Warren executed a mortgage to Phillips, on the stock of goods to secure the payment of the said notes. The deed provided that Warren should…
1Opinion of the Court
Furches, J.:
This case has been here before and is reported in 119 N. C., 26. A new trial was awarded in that appeal, the case has been retried, and it is here again.
The record of this appeal contains 40 exceptions, many of them being the same in substance and effect, expressed in different forms and in different language. They have all been considered by the Court, but it is not deemed necessary or profitable to discuss them separately in this opinion. In our opinion they do not entitle the defendants to a new trial. None of the evidence introduced by the defendants, and none of the evidence…
2Cases cited4 opinions
- Duvall v. . RollinsSupreme Court of North Carolina · 1874
- Board of Commissioners of Montgomery County v. Riley.Supreme Court of North Carolina · 1876
- State Ex Rel. Gamble v. RhyneSupreme Court of North Carolina · 1879
- Cowan v. . PhillipsSupreme Court of North Carolina · 1896
3Cited by3 opinions
- In re RichardDistrict Court, E.D. North Carolina · 1899
- Whitmore-Ligon Co. v. HyattSupreme Court of North Carolina · 1918
- Mullen v. . Canal Co.Supreme Court of North Carolina · 1894