Cumming v. . Barber
Supreme Court of North Carolina
Contract — Evidence—Issues—Insurance—Assignment. Civil action, tried before Clark, J., at Fall Term, 1886, of the Superior Court of New Hanover.
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Contract — Evidence—Issues—Insurance—Assignment. Civil action, tried before Clark, J., at Fall Term, 1886, of the Superior Court of New Hanover. The plaintiffs claimed as assignees of W. F. Monroe, and alleged that on the 27th of December, 1882, the said Monroe and the defendant Barber entered into a written contract as follows: “ That I, the said W. F. Monroe, of the first part, for and in consideration of the sum of $1,000 to me in hand paid by the said D. D. Barber, of the second part, the receipt of which is hereby acknowledged, do rent or lease unto the said Barber my saw mill, grist…
1Opinion of the Court
Davis, J.,
(after stating the case). The plaintiff testified in his own behalf, his evidence tending to show that the contract was as alleged by him.
■ The defendant was then examined as a witness, the tendency of his evidence being to show that the contract was as alleged by him.
1. In the course of the examination of this witness it was proposed to show by him “ that as a part of the agreement then made between the parties, but not reduced to writing, it was agreed that if Barber should take the option to ' replace the mill as agreed on, he was to have the insurance money for the purpose of…
2Cases cited4 opinions
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
- Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
- Sherrill v. . HaganSupreme Court of North Carolina · 1885
- Perry v. . JacksonSupreme Court of North Carolina · 1883
3Cited by34 opinions
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- Root v. Allstate Insurance CompanySupreme Court of North Carolina · 1968
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Mosley & Mosley Builders, Inc. v. Landin Ltd.Court of Appeals of North Carolina · 1987
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