Bluthenthal & Beckart, Inc. v. Kennedy
Supreme Court of North Carolina
Appeal by plaintiff from Rountree, J., at December Term, 1913, of New HaNover. Civil, action tried upon these issues: 1. Did the plaintiff sell and deliver to the defendant the goods, specified in the complaint? A. Yes. 2. What was the value of those goods'? A. $433. 3. Where was the contract of-sale made? • A. Baltimore. 4. Is the defendant indebted to the plaintiff ? If so, in what amount? Answered by the court, “No.” 5. Was the whiskey sold and delivered by. the plaintiff…
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Appeal by plaintiff from Rountree, J., at December Term, 1913, of New HaNover. Civil, action tried upon these issues: 1. Did the plaintiff sell and deliver to the defendant the goods, specified in the complaint? A. Yes. 2. What was the value of those goods'? A. $433. 3. Where was the contract of-sale made? • A. Baltimore. 4. Is the defendant indebted to the plaintiff ? If so, in what amount? Answered by the court, “No.” 5. Was the whiskey sold and delivered by. the plaintiff to the defendant for the purpose of being resold in North Carolina, and contrary to the law of that State? A. Yes.…
1Opinion of the Court
BRowsr, J\
We. agree witb tbe learned judge of tbe Superior Court, tbat upon tbe entire evidence and upon tbe finding of tbe jury upon tbe fifth issue tbe plaintiff is not entitled to recover.
There are some conflicting decisions upon the question ijre-sented .on this appeal, but we think the best considered cases bold tbat a note or contract valid in tbe State where it is made cannot be enforced in another State to whose public policy tbe transactions which form its consideration are contrary. Windward v. Lincoln, 64 L. R. A., 160, and notes; Bank v. Earle, U. S. Supreme Court (10 L. Ed.),…
2Cases cited3 opinions
- Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
- Woodford v. HamiltonIndiana Supreme Court · 1894
- National Exchange Bank v. Rook Granite Co.Supreme Court of North Carolina · 1911
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- Seminole Phosphate Co. v. JohnsonSupreme Court of North Carolina · 1924
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