White v. . Tripp
Supreme Court of North Carolina
Civil ActioN for goods furnished, tried before Moore, J., at March Term, 1899, of the Superior Court of Pitt County, on appeal from Justice’s Court. The plaintiff testified that he had furnished the goods to J. B. Tripp, son and tenant of defendant, upon the express direction of defendant, before the delivery, and would not have furnished them without, and had refused to do SO'. That the goods were charged on day-book to J. B. Tripp, to show who got them.
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Civil ActioN for goods furnished, tried before Moore, J., at March Term, 1899, of the Superior Court of Pitt County, on appeal from Justice’s Court. The plaintiff testified that he had furnished the goods to J. B. Tripp, son and tenant of defendant, upon the express direction of defendant, before the delivery, and would not have furnished them without, and had refused to do SO'. That the goods were charged on day-book to J. B. Tripp, to show who got them. On the ledger they were charged to J. B. Tripp, followed by an entry in parenthesis: (Joseph Tripp, surety), and there- was evidence,…
1Opinion of the CourtFaiRCLotii, C. J.
The verdict settles the question of debt in favor of plaintiff unless some error was committed during •the trial. The plaintiff testified in favor of Ms claim and the defendant’s testimony was in conflict with the jDlaintiff’s. Each side introduced other witnesses in support of his statement, all of wMch was considered by the jury. The defendant insisted that his promise was void (Code, sec. 1552), as a promise to pay the debt of another. The plaintiff was allowed to prove by the defendant’s witness the custom of keeping books in that section, where goods are furnished at the request of a…
2Cases cited2 opinions
- Neal v. BellamySupreme Court of North Carolina · 1875
- Harbison v. . HallSupreme Court of North Carolina · 1899
3Cited by4 opinions
- Burlington Industries, Inc. v. FoilSupreme Court of North Carolina · 1974
- Sheppard v. Newton.Supreme Court of North Carolina · 1905
- Vanderbilt Tire & Rubber Corp. v. BowenSupreme Court of North Carolina · 1953
- Peele v. PowellSupreme Court of North Carolina · 1911