Witz, Biedler & Co. v. Gray
Supreme Court of North Carolina
Motion for a RkoeivRíe, heard beforq Brown, “Plaintiffs for cause of complaint, say— 1 That plaintiffs are partners doing business in the city of Baltimore ana State of Maryland. 2. That the defendant S. A. Gray is justly indebted to the plaintiff in the sum of $735.85, with interest from October 18, 1893, until paid, evidenced by a promissory note, a copy of which is attached, marked Exhibit A, the original of which plaintiffs have and are ready to produce when required.
Read the full summary
Motion for a RkoeivRíe, heard beforq Brown, “Plaintiffs for cause of complaint, say— 1 That plaintiffs are partners doing business in the city of Baltimore ana State of Maryland. 2. That the defendant S. A. Gray is justly indebted to the plaintiff in the sum of $735.85, with interest from October 18, 1893, until paid, evidenced by a promissory note, a copy of which is attached, marked Exhibit A, the original of which plaintiffs have and are ready to produce when required. II. For a second cause of action plaintiffs say— (1) That J. M. Gray was during the year 1893 engaged in conducting the…
1Opinion of the Court
Furghes, J.:
This is an action of Witz, Biedler & Co. against J. M. Gray and S. A. Gray, husband and wife, to recover §735.85 for goods sold to defendants, for which note, marked Exhibit A, was afterwards given to plaintiffs, and is bi-ought to this court opon a motion for a receiver before Brown, J., which was refused, and plaintiffs appealed.
This motion is made then in aid of the main relief demanded, and to entitle plaintiffs to this relief, they must allege and show that they are entitled to the main relief —that is, that they are entitled to recover a personal judgment against S. A.…
2Cases cited1 opinion
- Jones v. CraigmilesSupreme Court of North Carolina · 1894
3Cited by11 opinions
- Manufacturers & Jobbers Finance Corp. v. LaneSupreme Court of North Carolina · 1942
- Bazemore v. . MountainSupreme Court of North Carolina · 1897
- Johnston County Savings Bank v. Scroggin Drug Co.Supreme Court of North Carolina · 1910
- Bank v. . Drug CompanySupreme Court of North Carolina · 1910
- Stout v. . PerrySupreme Court of North Carolina · 1910
6 more not listed; retrieve them via the Exa API.