Manning v. . Fountain
Supreme Court of North Carolina
Civil actioN, appeal from the court of a justice of the peace, heard by Neal, J., at October Term, 1907, of the Superior Court of Edgecombe- County. The action was brought in the justice’s court to recover the sum of $175, the proceeds of a negotiable note. At the trial in the Superior Court the Judge ruled that the* action was necessarily in tort and that the justice had no jurisdiction, and dismissed it. The plaintiff appealed.
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Civil actioN, appeal from the court of a justice of the peace, heard by Neal, J., at October Term, 1907, of the Superior Court of Edgecombe- County. The action was brought in the justice’s court to recover the sum of $175, the proceeds of a negotiable note. At the trial in the Superior Court the Judge ruled that the* action was necessarily in tort and that the justice had no jurisdiction, and dismissed it. The plaintiff appealed. The facts are sufficiently stated in the opinion of The Court.
1Opinion of the CourtBe-owN, J.
Eor jurisdictional purposes, the record discloses these facts: The plaintiff Webb agreed with his tenant, Manning, to become responsible for a horse which the tenant, for farm purposes, was to buy from one of the dealers in Tar-boro. Manning opened negotiations with the defendant, Fountain, for the purchase-of a horse, which negotiations did not result in a completed trade, but only in a trade on trial, and by wbicb Manning bad tbe right to return the horse in a reasonable time, if found to be unsatisfactory. The horse proved unsatisfactory and was returned by the said Manning to the…
2Cases cited2 opinions
- Bullinger v. . MarshallSupreme Court of North Carolina · 1874
- F. E. Winslow v. . Henry Weith, SheriffSupreme Court of North Carolina · 1872
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- Newell v. . BarleySupreme Court of North Carolina · 1920