Legal Opinion

Mauney v. . Coit

Supreme Court of North Carolina

Decided February 5, 1882PublishedCited by 13 opinions

Civil Action, tried at January Special Terra, 1832, of Davidson Superior Court, before Seymour, J. This action has for its object the recovery of a balance due the plaintiffs for goods sold and delivered and moneys advanced during the years 187.1, 1872, 1878 and part of 1874, to one Amos Howes, trading and mining, at a place known as Gold Hill, in Rowan county, in his own name, and to charge the defendant as a dormant, and until a later date, undiscovered partner associated…

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Civil Action, tried at January Special Terra, 1832, of Davidson Superior Court, before Seymour, J. This action has for its object the recovery of a balance due the plaintiffs for goods sold and delivered and moneys advanced during the years 187.1, 1872, 1878 and part of 1874, to one Amos Howes, trading and mining, at a place known as Gold Hill, in Rowan county, in his own name, and to charge the defendant as a dormant, and until a later date, undiscovered partner associated with him in business, with a liability therefor. This residuary indebtedness was ascertained to be about the first of…

1Opinion of the Court

Smith, C. J.,

after stating the above. This brief statement prepares us to enter upon a consideration of the appellant’s exceptions.

1. The defendant objects that the plaintiffs were permitted to proceed with the proof of the goods sold and money advanced to Howes, before showing his association with the defendant in the business.

The force of the objection is directed against the order of introducing the testimony and not against the testimony itself. It is a necessary part of the proof to establish the defendant’s liability that the debt- should have been contracted, and it was not…

2Cases cited3 opinions

  1. State v. . JacksonSupreme Court of North Carolina · 1880
  2. Mauney v. . CoitSupreme Court of North Carolina · 1879
  3. Reynolds Bros. v. PoolSupreme Court of North Carolina · 1881

3Cited by13 opinions

  1. Lance v. Butler.Supreme Court of North Carolina · 1904
  2. Southern Fertilizer Co. v. ReamsSupreme Court of North Carolina · 1890
  3. Hayworth v. Philadelphia Life InsuranceSupreme Court of North Carolina · 1925
  4. Bank v. Hollingsworth.Supreme Court of North Carolina · 1904
  5. Day v. . StevensSupreme Court of North Carolina · 1883

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