Harper v. Oak Ridge Supply Co.
Supreme Court of North Carolina
Appeal by tbe individual defendants from Lyon, J., at June Term, 1922, of LeNOIR. Civil action, instituted against tbe Oak Ridge Supply Company, a corporation, and its four directors, W. J. Grady, J. P. Turner, Joseph C. Maxwell, and Don Maxwell, individually, to recover tbe sum of $3,400, and interest tbereon, as evidenced by tbe promissory note of tbe defendant corporation; tbe directors being individually joined as defendants upon tbe alleged ground of false and…
Read the full summary
Appeal by tbe individual defendants from Lyon, J., at June Term, 1922, of LeNOIR. Civil action, instituted against tbe Oak Ridge Supply Company, a corporation, and its four directors, W. J. Grady, J. P. Turner, Joseph C. Maxwell, and Don Maxwell, individually, to recover tbe sum of $3,400, and interest tbereon, as evidenced by tbe promissory note of tbe defendant corporation; tbe directors being individually joined as defendants upon tbe alleged ground of false and fraudulent representations and conduct in tbe procurement of said loan and its subsequent conversion by tbem. Upon denial of…
1Opinion of the CourtStacy, J.
Tbe defendants rely chiefly upon their exception to tbe refusal of tbe court to grant their motion for judgment as of nonsuit, made first at tbe close of tbe plaintiff’s evidence, and again renewed at tbe close of all tbe evidence. Tbe first exception has been waived by tbe defendants. Smith v. Pritchard, 173 N. C., 720. They bad tbe right to rely on tbe weakness of tbe plaintiff’s evidence when she rested her case; but, having elected to offer testimony in their own behalf, they did so cum onere, and only their exception noted at tbe close of all tbe evidence may now be urged or considered.…
2Cases cited1 opinion
- Smith v. . PritchardSupreme Court of North Carolina · 1917
3Cited by7 opinions
- Nash v. . RoysterSupreme Court of North Carolina · 1925
- Harrison v. North Carolina RailroadSupreme Court of North Carolina · 1927
- Bank v. . Ins. Co.Supreme Court of North Carolina · 1924
- Lillian Knitting Mills Co. v. EarleSupreme Court of North Carolina · 1950
- Lillian Knitting Mills Co. v. EarleSupreme Court of North Carolina · 1953
2 more not listed; retrieve them via the Exa API.