Legal Opinion

State v. . Young

Supreme Court of North Carolina

Decided January 5, 1877PublishedCited by 7 opinions

Indictment — Cheating by False Cretenses — Caveat Emptor. INDICTMENT for cheating by False Tokeu.3 and Pretences,, (Bat. Rev. ch. 32 § 6 7.) tried at Fall Term, 1876, of Meck-LENJBURG- Superior Court, before Schench, J. The facts are that one Susan Galloway the prosecutrix: leased a tract of land to defendant for one year. Defendant-agreed to pay as rent four bales of “good middling” cotton.

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Indictment — Cheating by False Cretenses — Caveat Emptor. INDICTMENT for cheating by False Tokeu.3 and Pretences,, (Bat. Rev. ch. 32 § 6 7.) tried at Fall Term, 1876, of Meck-LENJBURG- Superior Court, before Schench, J. The facts are that one Susan Galloway the prosecutrix: leased a tract of land to defendant for one year. Defendant-agreed to pay as rent four bales of “good middling” cotton. On the first of January, 1876, he sent two bales to prosecu-trix and about a month thereafter in a settlement betweem the parties the prosecutrix took the defendant’s note for $100 iu lieu of the other…

1Opinion of the CourtEAiRCMmi, J.

In the cotton markets the terms “Middling,. Goo:l Middling. Ordinary, Good ordinary” and some others-are well understood by buyers and sellers in the cotton regions. They signify distinct grades of cotton and sell at' prices differing very materially. It is a common business to buy and sell cotton without inspection on tlu In si? of these terms and when delivered, if the gral t i; liifur or lower the price is varied accordingly. Reference to these-terms hfere is not important except to show that the draftsman did not advert particularly to the use of these terms,, as the bill of indictment…

2Cases cited2 opinions

  1. State v. . PhiferSupreme Court of North Carolina · 1871
  2. State v. JonesSupreme Court of North Carolina · 1874

3Cited by7 opinions

  1. State v. CroninSupreme Court of North Carolina · 1980
  2. State v. MontgomerySupreme Court of Iowa · 1881
  3. State v. . LambethSupreme Court of North Carolina · 1879
  4. State v. . WilkersonSupreme Court of North Carolina · 1889
  5. State v. . HolmesSupreme Court of North Carolina · 1880

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