Shehan v. John Malone & Co.
Supreme Court of North Carolina
PetitioN, by t-he defendants to re-bear the case between the same parties, decided at the last (June) Terra of this Court. The case is reported in the 71 N. C. Rep. 440, in which the facts are all fully stated. The grounds relied on for a re-hearing are sufficiently set out in the opinion of the Court.
1Opinion of the CourtRea.de, J.
The plaintiff brought his action against the defendants to recover money claimed to be due under a contract. Among other defenses, the defendants set up a counter-claim for goods, wares and merchandise furnished the plaintiff out of their store. It was referred to a referee to state an account between the parties ; and in order to prove their conn- ter-claim before the referee, the defendants offered their store books in evidence upon which the goods were charged; and the books were rejected as incompetent evidence. The plaintiff had judgment, and the defendants appealed to this Court, where…
2Cases cited2 opinions
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- Schehan v. . MaloneSupreme Court of North Carolina · 1874
3Cited by15 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- State v. CaseySupreme Court of North Carolina · 1931
- Brown v. Town of HillsboroSupreme Court of North Carolina · 1923
- Aden v. . DoubSupreme Court of North Carolina · 1907
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