Legal Opinion

Standard Supply Co. v. Person

Supreme Court of North Carolina

Decided March 29, 1911PublishedCited by 7 opinions

Appeal from Whedbee, J., at December Term, 1910, of New Hanover. Civil action, beard on exceptions to report of referee. On a former appeal in this cause, reported in 147 N. 0., 106, it appeared that plaintiff, having an account for goods, sold and delivered, against S. H. Finch and W. R. Person for the amount of $611.46, sought to charge the defendant J. E. Person, the present ap'pellant, as guarantor for a portion of said account.

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Appeal from Whedbee, J., at December Term, 1910, of New Hanover. Civil action, beard on exceptions to report of referee. On a former appeal in this cause, reported in 147 N. 0., 106, it appeared that plaintiff, having an account for goods, sold and delivered, against S. H. Finch and W. R. Person for the amount of $611.46, sought to charge the defendant J. E. Person, the present ap'pellant, as guarantor for a portion of said account. Issues were submitted to determine the controversy, and verdict was returned in favor of plaintiffs against S. H. Finch, and W. R. Person for tbe entire amount…

1Opinion of the Court

Hoke, J.,

after stating tbe case? On a former appeal in this cause, the Court having awarded a new trial for the reasons heretofore stated and the cause having been referred, the letters above set out, with other correspondence between the parties, were introduced, and the witness J. E. Burr, among other things, testified as follows: “That the letter of 11 May, 1906, was in reply to Dr. Person’s letter to the company dated 10 May, 1906, and as a result of the letters referred to, the witness desisted from taking action with reference to collecting the account. That the plaintiff desisted from…

2Cases cited4 opinions

  1. Strong v. . SheffieldNew York Court of Appeals · 1895
  2. Howe v. TaggartMassachusetts Supreme Judicial Court · 1882
  3. Lowe v. WeatherleySupreme Court of North Carolina · 1839
  4. Robinson v. GouldMassachusetts Supreme Judicial Court · 1853

3Cited by7 opinions

  1. Klingstubbins Southeast, Inc. v. 301 Hillsborough Street Partners, LLCCourt of Appeals of North Carolina · 2012
  2. Marvel Lamp Co. v. CapelCourt of Appeals of North Carolina · 1980
  3. Brooks Distributing Co., Inc. v. PughCourt of Appeals of North Carolina · 1988
  4. Brooks Distributing Co., Inc. v. PughCourt of Appeals of North Carolina · 1988
  5. Klingstubbins Southeast, Inc. v. 301 Hillsborough Street Partners, LLCCourt of Appeals of North Carolina · 2012

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