Craig & Wilson v. Stewart & Jones
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at May Term, 1913, of GASTON. This action was brought to recover an amount of money alleged to be due tbe plaintiffs on an order given by one N. L. Lancaster to them, and addressed to defendants, who, it is claimed, were indebted- to Lancaster for work and labor done. The order is not set out in tbe record, but we gather from the evidence that it required or requested defendants to pay the amount named in the order to plaintiffs.
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Appeal by defendant from Webb, J., at May Term, 1913, of GASTON. This action was brought to recover an amount of money alleged to be due tbe plaintiffs on an order given by one N. L. Lancaster to them, and addressed to defendants, who, it is claimed, were indebted- to Lancaster for work and labor done. The order is not set out in tbe record, but we gather from the evidence that it required or requested defendants to pay the amount named in the order to plaintiffs. When the order was presented to defendants, they agreed to pay it “out of anything they owed Lancaster,” or out of what might be…
1Opinion of the Court
Walker, J.,
after stating the case: There was error in the charge to the jury. After a careful examination of the evidence, we can find -none which tends to- prove that the acceptance of the order was unconstitutional. The testimony of the witnesses on both sides was to the effect that defendant agreed to pay the order, if they owed Lancaster, or whatever amount they owed him. As there was no evidence to support the first branch of the instruction, as to the unconditional character of the acceptance, the judge should not have submitted that, as a phase of the case, to the jury. Worley v.…
2Cases cited17 opinions
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Peele v. PowellSupreme Court of North Carolina · 1911
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Farrell & Co. v. Richmond & Danville R. R.Supreme Court of North Carolina · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stewart v. . Carpet Co.Supreme Court of North Carolina · 1905
- Robinson, Hudson, Blackburn v. . Transp. Co.Supreme Court of North Carolina · 1938
- Hasty Mercantile Co. v. BryantSupreme Court of North Carolina · 1923
- Rickman v. . HolshouserSupreme Court of North Carolina · 1940
- Robinson v. Standard Transportation Co.Supreme Court of North Carolina · 1938
1 more not listed; retrieve them via the Exa API.