Smith v. Young Bros.
Supreme Court of North Carolina
This was an ACTION commenced before a Justice of the Peace, and tried on appeal before Winston, J, at the February Term, 1891, of Harnett Superior Court.
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This was an ACTION commenced before a Justice of the Peace, and tried on appeal before Winston, J, at the February Term, 1891, of Harnett Superior Court. During the year 1888 the plaintiff gave the defendants two promissory notes, secured by liens'on his crop of 1888, for provisions, etc., for that year, and failed to fully pay off said notes, but at the commencement of this action there was a balance .still due on said notes of $96. In the fall of 1890 the plaintiff carried a bale of cotton to the town of Dunn, in which place defendant was doing business as general merchant and cotton buyer,…
1Opinion of the Court
Avery, J.:
In furtherance of the general purpose pervading The Code system of pleading to prevent a multiplicity of actions, when the controversies between the parties can be settled without the expense and delay incident to the old practice, the language of our statute (§ 244 of The Code, with subsections 1 and 2) was made very comprehensive, and interpreting it in the spirit that animated those who enacted it, we should certainly be slow to restrict its operation so as to prevent the pleading as a counter-claim of any demand within the statutory definition liberally construed.
Subsection 1…
2Cases cited2 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Bitting v. . ThaxtonSupreme Court of North Carolina · 1875
3Cited by15 opinions
- Maxton Auto Co. v. RuddSupreme Court of North Carolina · 1918
- Myers v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
- Commercial Finance Co. v. HolderSupreme Court of North Carolina · 1952
- Hutton & Bourbonnais Co. v. HortonSupreme Court of North Carolina · 1919
- Perry v. Bank of SmithfieldSupreme Court of North Carolina · 1902
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