Legal Opinion

West v. . Grocery Co.

Supreme Court of North Carolina

Decided April 18, 1905PublishedCited by 18 opinions

AotioN by J. H. West against A. F. Messick Grocery Company, heard by Judge B. B. Peebles and a jury at the February Term, 1905, of the Superior Court of Guilnoud County. From a judgment of non-suit, plaintiff appealed.

1Opinion of the CourtClark, C. J.

The defendant company, resident and doing business in this State, claimed that the plaintiff, also resident bere, was indebted to it for a small balance, due on open account. There was an excursion run to Norfolk, Va. on which the plaintiff went, carrying a stock of refreshments. On the same train was A. F. Messick, president of the defendant company, who employed a lawyer in Norfolk, and instructed him to bring action for the said balance due by plaintiff and to attach aforesaid stock of plaintiff to enforce collection of the debt. Being advised by his attorney that it would be necessary to…

2Cases cited5 opinions

  1. Wallace & Co. v. FinbergTexas Supreme Court · 1876
  2. Welsh v. . CochranNew York Court of Appeals · 1875
  3. Moore v. Cohen.Supreme Court of North Carolina · 1901
  4. Mitchum v. DunlapSupreme Court of Missouri · 1889
  5. Hatch v. SquiresMichigan Supreme Court · 1863

3Cited by18 opinions

  1. Glowacki v. North Western Ohio Ry. & Power Co.Ohio Supreme Court · 1927
  2. Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
  3. Parrish v. Boysell Manufacturing Co.Supreme Court of North Carolina · 1936
  4. Commercial Solvents, Inc. v. JohnsonSupreme Court of North Carolina · 1952
  5. Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931

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