Brem v. . Covington
Supreme Court of North Carolina
A ss ignmen t— Contract — A gen cy — Evidence— Consideration— Interest — Parties—Pleading. This is a civil action, tried at February Term, 1889, of Mecklenburg Superior Court, Clark, J., presiding. The defendant' received, in the fall of 1888, from J. T. Allred & Co., considerable quantities of cotton to sell in the-market, as their agent, and account for the proceeds, less-certain sums of money to be due to him.
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A ss ignmen t— Contract — A gen cy — Evidence— Consideration— Interest — Parties—Pleading. This is a civil action, tried at February Term, 1889, of Mecklenburg Superior Court, Clark, J., presiding. The defendant' received, in the fall of 1888, from J. T. Allred & Co., considerable quantities of cotton to sell in the-market, as their agent, and account for the proceeds, less-certain sums of money to be due to him. The account thus raised was unsettled, and a balance being due to Allred &. Co., they gave the present plaintiff an order for such balance, whereof the following is a copy: “ Please…
1Opinion of the CourtMerrimon, C. J.
— after stating the case: The evidence objected to and embraced by the first exception was scarcely material or important, but if it could have become so, it was harmless, because the witness said no more than he had already said in substance — that he did not tell the defendant in what capacity he presented the order, although, in fact, he presented it as trustee.
The second exception to evidence is groundless, and for the reason stated by the Court below. There was no evidence to show that, the plaintiff was agent of the makers of the order, or that they had power or authority arising in any…
2Cases cited6 opinions
- Moore v. . NowellSupreme Court of North Carolina · 1886
- Farmer v. . WillardSupreme Court of North Carolina · 1876
- Patapsco Guano Co. v. MageeSupreme Court of North Carolina · 1882
- Ponton v. . Griffin, Bro. Co. .Supreme Court of North Carolina · 1875
- McRae v. . MalloySupreme Court of North Carolina · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hawes v. . BlackwellSupreme Court of North Carolina · 1890
- Godwin v. . BankSupreme Court of North Carolina · 1907
- Godwin v. Murchison National BankSupreme Court of North Carolina · 1907
- Craig & Wilson v. Stewart & JonesSupreme Court of North Carolina · 1913
- Ins. Co. v. . Board of EducationSupreme Court of North Carolina · 1927
1 more not listed; retrieve them via the Exa API.