Jenkins Bros. Shoe Co. v. G. v. Renfrow & Co.
Supreme Court of North Carolina
Appeal from Webb, J., May Term, 1909, of Eoesyth. Tbe plaintiff corporation sued tbe defendants, as partners, to recover an amount due it for goods sold and delivered. Tbe defendant T. J. Renfrow alone, answered and contested tbe plaintiff’s right to recover against bim. Tbe plaintiff, in its complaint, alleged' “that on 27 May, 1907, it sold and delivered to tbe defendants a lot of shoes, of tbe value,” etc.
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Appeal from Webb, J., May Term, 1909, of Eoesyth. Tbe plaintiff corporation sued tbe defendants, as partners, to recover an amount due it for goods sold and delivered. Tbe defendant T. J. Renfrow alone, answered and contested tbe plaintiff’s right to recover against bim. Tbe plaintiff, in its complaint, alleged' “that on 27 May, 1907, it sold and delivered to tbe defendants a lot of shoes, of tbe value,” etc. Tbe contesting defendant denied bis liability, on tbe ground tbat the partnership between bim and bis co-defendant bad been dissolved on 28 March, 1907, and notice of dissolution bad…
1Opinion of the Court
MANNING, <7.,
after stating the case: If Horn was such an agent of the plaintiff that notice to him would be imputed to the plaintiff, then we think his Honor was in error in restricting the time at which the notice of the dissolution should have been given, in order to be binding upon his principal, the plaintiff, to the date “on or before 4 April.” While the order for the goods sued for was taken by Horn on 4 April, it was made by Horn subject to the acceptance of the plaintiff. The acceptance of the order was signified by the shipment of the goods on 21 May, and in no other way. The…
2Cases cited5 opinions
- Cox v. . PearceNew York Court of Appeals · 1889
- Buckeye Saw Manufacturing Co. v. RutherfordWest Virginia Supreme Court · 1909
- Cowan v. Roberts.Supreme Court of North Carolina · 1903
- Straus, Gunst & Co. v. T. O. Sparrow & Co.Supreme Court of North Carolina · 1908
- Gates v. FiskMichigan Supreme Court · 1881
3Cited by14 opinions
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- Hanford v. McSwainSupreme Court of North Carolina · 1949
- Gardiner v. Equitable Office Bldg. Corp.Court of Appeals for the Second Circuit · 1921
- Westinghouse Electric & Manufacturing Co. v. HubertMichigan Supreme Court · 1913
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