Legal Opinion

Hawkins Co. v. . Long

Supreme Court of North Carolina

Decided January 5, 1876PublishedCited by 20 opinions

Civil Actiok for the recovery of money only, originally institnted in a court of a Justice of the Peace, and carried thence on appeal to the Superior Court of Halifax county, where it was tried before Moore, J., at December (Special) Term, 1875. The action was brought to recover certain moneys paid by the plaintiffs on account of drafts drawn upon them by the defendant.

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Civil Actiok for the recovery of money only, originally institnted in a court of a Justice of the Peace, and carried thence on appeal to the Superior Court of Halifax county, where it was tried before Moore, J., at December (Special) Term, 1875. The action was brought to recover certain moneys paid by the plaintiffs on account of drafts drawn upon them by the defendant. Upon the trial in the Superior Court the plaintiffs recovered judgment of $28.00, and from this judgiüent appealed to the Supreme Court. All other facts necessary to an understanding of the case as decided, are stated in the…

1Opinion of the Court

BtNüm, J.

On the first of April, 1874, the plaintiffs rendered to the defendant an itemized account of their dealings with him, consisting wholly of debits for cash advanced, merchandize sold, and drafts paid for the defendant, amounting to $1,671.63, without any payments thereon. On the 21st of September, 1874, the plaintiffs rendered to the defendant another account, including therein the aggregate amount of the first account, designated as the “balance” due on the said first day of April, and embracing other items, being their dealings from April to September the 21st, and increasing the…

2Cases cited7 opinions

  1. Wiggins v. BurkhamSupreme Court of the United States · 1870
  2. White v. CampbellMichigan Supreme Court · 1872
  3. Caldwell, Ex'r v. . BeattySupreme Court of North Carolina · 1873
  4. Jos. W. Jenkins & Co. v. BealSupreme Court of North Carolina · 1874
  5. Boyle v. . RobbinsSupreme Court of North Carolina · 1874

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3Cited by20 opinions

  1. Auzerais v. NagleeCalifornia Supreme Court · 1887
  2. Martin v. HeinzeMontana Supreme Court · 1904
  3. Copland v. Wireless Telegraph Co.Supreme Court of North Carolina · 1904
  4. Stern Fish Co. v. SnowdenSupreme Court of North Carolina · 1951
  5. Bank of Hatfield v. ClaytonSupreme Court of Arkansas · 1923

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