Nall v. . Kelly
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at the July Term, 1915, of Lee. Civil action. The action was instituted by E. D. Nall, as owner and assignee of E. D. Nall Company, against C. B. Kelly, to recover an account for fertilizers and supplies sold to O. B. Kelly by the Nall Company, Incorporated, during the year 1912. It appearing that C. B. Kelly had been duly adjudged a lunatic, his guardian, Attie E. Kelly, was made party defendant.
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Appeal by defendant from Devin, J., at the July Term, 1915, of Lee. Civil action. The action was instituted by E. D. Nall, as owner and assignee of E. D. Nall Company, against C. B. Kelly, to recover an account for fertilizers and supplies sold to O. B. Kelly by the Nall Company, Incorporated, during the year 1912. It appearing that C. B. Kelly had been duly adjudged a lunatic, his guardian, Attie E. Kelly, was made party defendant. There is also- a count in the complaint, being section 3, alleging that said O. B. Kelly, now a lunatic, had agreed and promised to- pay said account, the balance…
1Opinion of the Court
Hoice, J.,
after stating the case: In Laws of 1897, ch. 480, it was enacted, “That in any action instituted in any courts of this State upon .an account for goods sold and delivered, a verified itemized statement of sucb account shall be received in evidence, and shall be deemed prima facie evidence of its correctness.”
This law now appears in Eevisal 1905, in the chapter on Evidence, section 1625, and is confined, as its terms clearly import, to actions on account for goods sold and delivered. Hospital Association v. Hobbs, 153 N. C., p. 188, and was clearly designed to facilitate this…
2Cases cited1 opinion
- Foster & Webb v. Scott CountyTennessee Supreme Court · 1901
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- Bramco Electric Corp. v. ShellCourt of Appeals of North Carolina · 1976
- William M. Lloyd & Co. v. PoythressSupreme Court of North Carolina · 1923
- Johnson Service Co. v. Richard J. Curry & Co.Court of Appeals of North Carolina · 1976
- Worthington v. . JollySupreme Court of North Carolina · 1917
- Endicott-Johnson Corp. v. . SchochetSupreme Court of North Carolina · 1930
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