Buggy Co. v. Dukes.
Supreme Court of North Carolina
AotioN by Corbett Buggy Co. against H. T. Dukes, heard by Judge R. B. Peebles and a jury, at the October Term, 1905, of the Superior Court of Heeteoed.
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AotioN by Corbett Buggy Co. against H. T. Dukes, heard by Judge R. B. Peebles and a jury, at the October Term, 1905, of the Superior Court of Heeteoed. On September 28, 1901, defendant entered into a contract with plaintiff corporation, in writing, the terms of which were “It is agreed that all goods shipped on this contract and also all other goods hereafter shipped to the maker of this contract are consigned and the said goods and proceeds of sales of goods received under this contract, whether in cash, notes, book accounts or other proceeds, are to be held in trust and subject to the order…
1Opinion of the Court
Connor, J.,
after stating the facts: Two exceptions to His Honor’s ruling were argued in this court. Defendant contends that conceding the fact to be as found by the jury, the acceptance by plaintiff, of the promissory notes for the price of the buggies, merged the original cause of action or, at least, suspended it until the notes are returned or tendered at the trial; that plaintiff cannot retain bis promissory, negotiable notes and, at the same time, prosecute an action against him for the recovery of the amount received by him as bis agent. This exception was raised by a request to charge…
2Cases cited1 opinion
- Gordon v. . PriceSupreme Court of North Carolina · 1849
3Cited by1 opinion
- Warren v. . McLawhornSupreme Court of North Carolina · 1933