Hinson v. . Smith
Supreme Court of North Carolina
Civil aotioN, tried before Graham, P, at December Special Term, 1895, of GbeeNE Superior Court. There was a verdict and judgment in favor of the plaintiff. Defendants appealed. The facts appear in the opinion.
1Opinion of the Court
Faircloth, C. J.:
Plaintiff and defendant, exchanged horses on October 23, 1894, and as “ boot ” money the plaintiff gave his note to defendants for $50 and secured the same by a mortgage on his mare, the defendants having warranted her to be sound except in one eye. The plaintiff took the mare home and became dissatisfied with her qualities and returned, and some unsuccessful attempts to exchange again were made. On December 24,1894, the plaintiff returned to Greenville and put the mare in a stable building where the defendants kept a livery business. Plaintiff asked the defendant if he would…
2Cases cited4 opinions
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- Jackson v. . HallSupreme Court of North Carolina · 1881
- Coor v. . SmithSupreme Court of North Carolina · 1888
3Cited by18 opinions
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Harris v. . R. R.Supreme Court of North Carolina · 1925
- Harris v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1925
- Walker v. . BurtSupreme Court of North Carolina · 1921
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
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