Legal Opinion

Hamilton v. . Highlands

Supreme Court of North Carolina

Decided April 3, 1907PublishedCited by 24 opinions

Civil actioN, tried before Oouncill, Jand a jury, at tbe January Term, 1907, of tbe Superior Court of Mooes County. Tbe plaintiff alleges in Ms complaint that on 5 June, 1901, he entered into a written contract with the defendant, marked “Exhibit A,” which is called a lease, and by which the defendant agreed to “hire to the use” of the plaintiff for nineteen months a piano, with stool and scarf, and to pay, as security for the performance of the contract, $50 down and, as…

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Civil actioN, tried before Oouncill, Jand a jury, at tbe January Term, 1907, of tbe Superior Court of Mooes County. Tbe plaintiff alleges in Ms complaint that on 5 June, 1901, he entered into a written contract with the defendant, marked “Exhibit A,” which is called a lease, and by which the defendant agreed to “hire to the use” of the plaintiff for nineteen months a piano, with stool and scarf, and to pay, as security for the performance of the contract, $50 down and, as rent, $15 on the 15th day of each month, except the last, for which it was $10, the payments to begin with 15 July, 1901;…

1Opinion of the Court

WalKEr, J.,

after stating the case: This ease has some peculiar features. The plaintiff has recovered a sum of money greatly in excess of the value of the property involved, and, in the second place, the judgment is directly contrary to his own theory of his rights, as stated in the complaint. A demand so extortionate as the one he now mákes should not receive any favor from the Court, nor should the judgment recognizing and enforcing it be permitted to stand for one moment, unless the law most clearly sanctions it and imperatively requires, that it should be upheld. We are fully convinced…

2Cases cited15 opinions

  1. Murch v. WrightIllinois Supreme Court · 1868
  2. Crinkley v. EgertonSupreme Court of North Carolina · 1893
  3. Cottrell & Sons v. Merchants & Mechanics BankSupreme Court of Georgia · 1892
  4. A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
  5. Hinson v. . SmithSupreme Court of North Carolina · 1896

10 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Bowen v. CommissionerUnited States Tax Court · 1949
  2. Lancaster v. Southern Insurance Co.Supreme Court of North Carolina · 1910
  3. McDaniel v. ChiaramonteOregon Supreme Court · 1912
  4. Oberan v. Western MacHinery Co.Arizona Supreme Court · 1946
  5. Hauser v. . MorrisonSupreme Court of North Carolina · 1907

19 more not listed; retrieve them via the Exa API.

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