Quarles v. . Jenkins
Supreme Court of North Carolina
This was an issue in a civil action, tried before Shipp, Judge, at Spring Term, 1887, of Halifax Superior Court. The plaintiff alleged: That during the years 1879 and 1880, he and defendant had large business transactions, to the .amount of one thousand dollars, the items in said account "being composed of money and supplies advanced by the defendant to him and of cotton delivered by him to defendant ■and sold by said defendant; that he is unable to produce ,-said account;…
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This was an issue in a civil action, tried before Shipp, Judge, at Spring Term, 1887, of Halifax Superior Court. The plaintiff alleged: That during the years 1879 and 1880, he and defendant had large business transactions, to the .amount of one thousand dollars, the items in said account "being composed of money and supplies advanced by the defendant to him and of cotton delivered by him to defendant ■and sold by said defendant; that he is unable to produce ,-said account; and although he has repeatedly demanded ;an account of said transactions from the defendant, which he can easily furnish,…
1Opinion of the CourtMerrimon, J.
The proceedings are informal and confused. In effect the complaint alleges two distinct causes of action — the first for money had and received, growing out of transactions that render an account necessary — the second for usury.
No question was made as to whether these causes of action could be united in the same action. As to the first, the defendant pleaded a final settlement and mutual discharges as to sundry dealings, including the first cause of action between the plaintiff and himself, on the 25th. of July, 1882. This the plaintiff denies, and thus an issue was raised which the Court…
2Cases cited2 opinions
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Clements v. . RogersSupreme Court of North Carolina · 1886
3Cited by4 opinions
- Stancill v. SpainSupreme Court of North Carolina · 1903
- Bridgers v. . BridgersSupreme Court of North Carolina · 1888
- Martin v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1908
- Stancill v. . SpainSupreme Court of North Carolina · 1903