Legal Opinion

Gillis v. Wilmington, Onslow & East Carolina Railroad

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 7 opinions

This was a civil action, for damages for breach of contract, tried before MacRae, J., at November Term, 1890, of Cumberland Superior Court. The single issue submitted, with the response thereto, was as follows: “Is the defendant indebted to the plaintiff as alleged; if so, in what sum? Answer.

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This was a civil action, for damages for breach of contract, tried before MacRae, J., at November Term, 1890, of Cumberland Superior Court. The single issue submitted, with the response thereto, was as follows: “Is the defendant indebted to the plaintiff as alleged; if so, in what sum? Answer. The defendant is indebted $275.” Rule for new trial for errors alleged as to admission of testimony and upon, the following-exceptions'to the charge: The defendant excepted to his Honor’s charge— 1. For that his Honor assumed in said charge that there was sufficient evidence of the search of the…

1Opinion of the Court

The single issue submitted, with the response thereto, was as follows:

"Is the defendant indebted to the plaintiff as alleged; if so, in what sum? Answer: The defendant is indebted $275."

Rule for new trial for errors alleged as to the admission of testimony and upon the following exceptions to the charge:

The defendant excepted to his Honor's charge —(442) 1. For that his Honor assumed in said charge that there was sufficient evidence of the search of the plaintiff for the alleged letters containing the alleged contract, and their loss, to justify the admission of secondary evidence of…

2Cases cited6 opinions

  1. Bonds v. . SmithSupreme Court of North Carolina · 1890
  2. Avery v. Stewart.Supreme Court of North Carolina · 1904
  3. Mobley v. . WattsSupreme Court of North Carolina · 1887
  4. Loftin v. . LoftinSupreme Court of North Carolina · 1887
  5. Fisher v. . CarrollSupreme Court of North Carolina · 1849

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3Cited by7 opinions

  1. Avery v. Stewart.Supreme Court of North Carolina · 1904
  2. Mahoney-Jones Co. v. OsborneSupreme Court of North Carolina · 1925
  3. State v. LeasiaOregon Supreme Court · 1904
  4. American National Bank v. BrickhouseSupreme Court of North Carolina · 1927
  5. Hendon v. North Carolina R. R.Supreme Court of North Carolina · 1899

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