Nimocks v. . Woody
Supreme Court of North Carolina
Civil action, tried on appeal from a justice of the peace, before Gilmer, Judge, and a jury, at Fall Term, 1886, of CUMBERLAND Superior Court. This action, tried before a justice of the peace of Cumberland county, and carried into the Superior Court by the defendants’ appeal, is for the recovery of one hundred dollars, the unpaid residue of a draft drawn by the defendant Byrd upon the other defendants.
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Civil action, tried on appeal from a justice of the peace, before Gilmer, Judge, and a jury, at Fall Term, 1886, of CUMBERLAND Superior Court. This action, tried before a justice of the peace of Cumberland county, and carried into the Superior Court by the defendants’ appeal, is for the recovery of one hundred dollars, the unpaid residue of a draft drawn by the defendant Byrd upon the other defendants. The essential facts of the case, which seem not to have been disputed, are these : The defendants Woodj' & Currie, on March 29th, 1885, at Wilmington, addressed to their co-defendants the…
1Opinion of the Court
Sjuti-i, C. J., (after stating the facts):
I. The jurisdiction was in the justice, for the action is founded upon contract, and is not in tort as misconceived by the appellants.
II. The objection that the appellants are not parties to the draft, nor the plaintiff to the letter, and that its admission as evidence was an erroneous ruling, is in all these aspects untenable, as will be seen in the inquiry into the defendants’ liability to the plaintiff.
III. The interval between the date of the letter and the date of the draft, it not appearing that any harm has occurred to the drawees by the delay,…
2Cases cited3 opinions
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3Cited by4 opinions
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- Hawes v. . BlackwellSupreme Court of North Carolina · 1890
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