Aydlett v. . Brown
Supreme Court of North Carolina
Appeal from Ferguson, J., at tbe January Term, 1910, of PASQUOTANK. Tbis action was brought to recover $1,000, tbe amount due by tbe defendant for professional services alleged to bave been rendered by tbe plaintiff as bis attorney. There were two accounts, one for $1,000, which was presented, and liability for tbe same or any part thereof denied by tbe defendant, and tbe other for $125, composed of several items, one of which was disputed.
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Appeal from Ferguson, J., at tbe January Term, 1910, of PASQUOTANK. Tbis action was brought to recover $1,000, tbe amount due by tbe defendant for professional services alleged to bave been rendered by tbe plaintiff as bis attorney. There were two accounts, one for $1,000, which was presented, and liability for tbe same or any part thereof denied by tbe defendant, and tbe other for $125, composed of several items, one of which was disputed. Tbe defendant enclosed a cheek for $125 in a letter dated 14 January, 1910, which contained tbe following statement: “Your favor o'f tbe 13th inst. with…
1Opinion of the CourtWaleer, J.
We think, upon a consideration of the correspondence between the parties and the other evidence in the case, that this question was properly submitted to the jury. The court told them that if the account for $1,000 was within the contemplation of the parties when the check was sent and received, the action would be barred by the receipt and collection of the check, otherwise it was not. If a check is sent in full payment of a debt and the creditor receives and collects it, he is bound by the condition annexed to its acceptance. He will not be permitted to collect the check and repudiate the…
2Cases cited6 opinions
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Armstrong v. . LononSupreme Court of North Carolina · 1908
- Davis Sulphur Ore Co. v. PowersSupreme Court of North Carolina · 1902
- Petit v. . WoodliefSupreme Court of North Carolina · 1894
- Drewry-Hughes Co. v. DavisSupreme Court of North Carolina · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
- DeLoache v. DeLoacheSupreme Court of North Carolina · 1925
- Rosser v. . BynumSupreme Court of North Carolina · 1915
- Southwest National Bank v. JusticeSupreme Court of North Carolina · 1911
- Mercer v. Frank Hitch Lumber Co.Supreme Court of North Carolina · 1917
14 more not listed; retrieve them via the Exa API.