Traylor, Spencer & Co. v. Brimbery

Traylor, Spencer & Co. brought suit in a justice’s court against M. F. Brimbery. Attached to the summons was the following account: “Winston, N.. C., July 15, 1899. M. F. Brimbery, in account with Traylor, Spencer & Company. Terms: 1/2 Feb. 1st; 1/2 April 1st, 1899. July 15. To cash aect. settlement and transfer acct. vs. A. B. Brimbery, at 50%, $65.37.” The case was appealed to the superior court, and upon introduction of the plaintiff’s evidence a nonsuit was awarded.

The plaintiff introduced the following writing: “Camilla, Ga., Dec. 23, 1898. In consideration that the stock of goods,…