Sims v. Goettle Bros.
Supreme Court of North Carolina
Civil Action commenced before a justice of the peace arid tried on appeal at Fall Term, 1879, of Mecklenburg Superior Court, before Buxton, J. On the 18th day of May, 1877, the plaintiff sued out a warrant from a justice of the peace against the defendants upon their liabilities as acceptors of an unpaid draft for one hundred and twenty-five dollars; and also an attachment against their goods and chattels which was levied on the same day upon six half casks of bacon,…
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Civil Action commenced before a justice of the peace arid tried on appeal at Fall Term, 1879, of Mecklenburg Superior Court, before Buxton, J. On the 18th day of May, 1877, the plaintiff sued out a warrant from a justice of the peace against the defendants upon their liabilities as acceptors of an unpaid draft for one hundred and twenty-five dollars; and also an attachment against their goods and chattels which was levied on the same day upon six half casks of bacon, consigned to the firm of R. M. Miller & Co., and then at the depot of the carrier railroad company, undelivered. On the 29th…
1Opinion of the Court
Smith, 0. J.,
after stating the case. From the sworn statement of the justice read on the hearing in the superior court, and the facts which we must assume to have been accepted and acted on by His Honor in giving judgment, it appears that the first undertaking was. given in consequence of the decision of the justice that thfe was the only remedy for the bank, after a distinct explanation from Miller that his firm were acting only on behalf of the bank and for the protection of its interests, and had no authority from the defendants. The contract was thus entered into under, a misapprehension…
2Cases cited6 opinions
- Bruff, Faulkner & Co. v. Stern & Bro.Supreme Court of North Carolina · 1879
- Clerk's Office v. . HuffstellerSupreme Court of North Carolina · 1872
- James Toms v. . Henry WarsonSupreme Court of North Carolina · 1872
- Boylston Insurance Co. v. DavisSupreme Court of North Carolina · 1876
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- First National Bank of Springfield v. Asheville Furniture & Lumber Co.Supreme Court of North Carolina · 1897
- L. H. Blair & Co. v. PuryearSupreme Court of North Carolina · 1882
- Naumburg v. HyattU.S. Circuit Court for the District of Western North Carolina · 1885
- State Ex Rel. Solicitor v. JenkinsSupreme Court of North Carolina · 1897
- Grambling v. . DickeySupreme Court of North Carolina · 1896
2 more not listed; retrieve them via the Exa API.