A. Brinkley & Co. v. Ballance
Supreme Court of North Carolina
Civm ActioN for goods furnished the feme defendant, M. A. Eallance, tried before Hoke, J., at Superior Court of Bueke County, Spring Term, 1899. The defendant Mrs. M. A. Ballanee conducted a mercantile business at Lewiston, N. C., in 1893, under the name of “Ballanee & Co-.,” her husband, who was insolvent, being her business manager.
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Civm ActioN for goods furnished the feme defendant, M. A. Eallance, tried before Hoke, J., at Superior Court of Bueke County, Spring Term, 1899. The defendant Mrs. M. A. Ballanee conducted a mercantile business at Lewiston, N. C., in 1893, under the name of “Ballanee & Co-.,” her husband, who was insolvent, being her business manager. She contracted a debt with the plaintiff of $334.01, for goods sold and delivered upon written order, and this action is brought to enforce payment out of her separate estate. The order was signed Ballanee & Co., by J. W. Ballanee, and is copied in the opinion.…
1Opinion of the CourtClark, J.
This case in its facts is an almost exact duplicate of Bales v. Sultan, 111 N. C., 94. The feme defendant was doing a mercantile business in 1893, under the style of Ballance & Co. — J. W. Ballance, her husband, the other defendant, being the manager in active charge. It is alleged in the complaint, and admitted in the answer, that the said ■firm (the wife) contracted with plaintiffs the indebtedness sued for of $334, between January 1, 1893, and August 26, 1893, and that on February 9, 1893, her husband wrote the following letter to the plaintiff: “Gentlemen!: — Tours to hand, and in reply…
2Cases cited5 opinions
- Jones v. CraigmilesSupreme Court of North Carolina · 1894
- Emry v. Roanoke Navigation & Water-Power Co.Supreme Court of North Carolina · 1892
- Wachovia National Bank v. IrelandSupreme Court of North Carolina · 1898
- Bazemore v. . MountainSupreme Court of North Carolina · 1897
- Walton v. . BristolSupreme Court of North Carolina · 1899
3Cited by10 opinions
- Ball v. Paquin.Supreme Court of North Carolina · 1905
- Royal v. . SoutherlandSupreme Court of North Carolina · 1915
- Stallings v. . WalkerSupreme Court of North Carolina · 1918
- Ball v. Paquin.Supreme Court of North Carolina · 1905
- Ball v. Paquin.Supreme Court of North Carolina · 1905
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