O. G. Parsley & Co. v. Nicholson
Supreme Court of North Carolina
This was a civil action brought in Edgecombe Superior Court and tried at the Spring Term, 1870, before his Honor, Judge Jones. The complaint alleged that the defendants on the 3rd of December, 1867, received from the plaintiffs nine bales of /cotton, on which they, the plaintiffs, had a lien for $311, /and held as their property for the payment of that amount, .and that the defendants promised to ship and sell it, and out iof the proceeds pay the amount of their said lien.
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This was a civil action brought in Edgecombe Superior Court and tried at the Spring Term, 1870, before his Honor, Judge Jones. The complaint alleged that the defendants on the 3rd of December, 1867, received from the plaintiffs nine bales of /cotton, on which they, the plaintiffs, had a lien for $311, /and held as their property for the payment of that amount, .and that the defendants promised to ship and sell it, and out iof the proceeds pay the amount of their said lien. It alleged further that the defendants did ship and sell the cotton, and, though they received more than the amount of…
1Opinion of the CourtDick, J.
The complaint alleges:
1st. That the defendants received nine bales of cotton, from the agent of the plaintiffs, and promised to ship and sell the same, and out of the proceeds pay the plaintiffs the-amount which they claimed by virtue of their lien.
2nd. That the defendants sold said cotton for a sum of' money more than sufficient to satisfy the claim of the plaintiffs, and refused payment on demand, &c.
The defendants in their answer deny these allegations, and. the issues of fact thus joined were submitted to the jury.
The statement of the cause of action is sufficiently certain and positive,…
2Cited by13 opinions
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
- Patterson v. . R. R.Supreme Court of North Carolina · 1938
- Lassiter v. . RoperSupreme Court of North Carolina · 1894
- A. L. Webb & Sons v. HicksSupreme Court of North Carolina · 1895
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