Shaw Bros. v. McNeill
Supreme Court of North Carolina
This was a civil actioN, tried before Boykin, Judge, and a jury, at January Term, 1886, of the Superior Court of Rob-esoN County, on an appeal from a justice of the peace.
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This was a civil actioN, tried before Boykin, Judge, and a jury, at January Term, 1886, of the Superior Court of Rob-esoN County, on an appeal from a justice of the peace. The complaint of plaintiff was as follows, to-wit; That the defendant is indebted to him in the sum of $90.00, due by defendant’s endorsement of a draft by E. L. McCormac to N. McNeill, which is in the following words and figures, viz : $90.00 Shoe Heel, N. 0., Dec. 16,1884. ” At sight, pay to the order of Neill McNeill, Esq., ninety dollars, value received, and charge the same to account of E. L. McCORMAC. To Messrs.…
1Opinion of the Court
Ashe, J.,
(after stating the facts). The defendant took three exceptions on the trial of this case, none of which are tenable.
First. For that the third issue submitted to the jurj was not raised by the pleading.
But it will be seen by reference to the answer of the defendant, that the question of diligence involved in the issue, was expressly raised in the answer, by pleading that reasonable notice of the acceptance and non-payment of the draft had not been given bj the plaintiffs to the defendant.
Secondly. For that his Honor refused to give the charges as requested by the defendant, which was…
2Cases cited1 opinion
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