Geo. P. Thomas & Co. v. Wright
Supreme Court of North Carolina
Civil ACTION, tried before Avery, Judge, at Spring Term, 1887, of Beaufort Superior Court. The plaintiff, G. P. Thomas, doing a mercantile business in Baltimore in the firm name of G. P. Thomas & Co., in October, 1885, sold and sent to Marion Scott Wright, residing in Beaufort county, in this State, upon his application, a lot of spirituous liquors, for the recovery of the value of which the present action was brought against the defendant, brother of said Marion Scott…
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Civil ACTION, tried before Avery, Judge, at Spring Term, 1887, of Beaufort Superior Court. The plaintiff, G. P. Thomas, doing a mercantile business in Baltimore in the firm name of G. P. Thomas & Co., in October, 1885, sold and sent to Marion Scott Wright, residing in Beaufort county, in this State, upon his application, a lot of spirituous liquors, for the recovery of the value of which the present action was brought against the defendant, brother of said Marion Scott Wright, on April 8, 1886. The complaint presents the claim in a two-fold aspect and in separate causes of action. The first…
1Opinion of the Court
Smith, C. J.,
(after stating the case). While we are disposed to concur in the opinion that the letter is not itself a guaranty, and is not made such in law by the plaintiff’s communication of his own misconstruction of its import, so that an action can be maintained upon it as a contract, we think the second count does show facts sufficient to constitute a cause of action. It contains every essential element entering into the action for deceit, resulting in damage to'the trusting and defrauded creditor.
Information was sought before the goods were sold by the plaintiff; and the facts stated in…
2Cited by4 opinions
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- Taylor v. First State Bank of HawleyCourt of Appeals of Texas · 1915
- Kenneweg Co. v. FinneyCourt of Appeals of Maryland · 1903
- Taylor v. First State Bank of HawleyCourt of Appeals of Texas · 1915