Hooks v. . Houston
Supreme Court of North Carolina
Civil aotioN, commenced before a Justice of the Peace, and tried on appeal at Spring Term, 1891, of Meckxekburg Superior Court, before Merrirnon, J. The plaintiffs seek to recover the sum of $42.50, with interest at eight per cent, from March 30th, 1880, alleged to be due by note of defendant made payable on that day to H. A. Kluttz, and endorsed to plaintiffs for value after maturity.
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Civil aotioN, commenced before a Justice of the Peace, and tried on appeal at Spring Term, 1891, of Meckxekburg Superior Court, before Merrirnon, J. The plaintiffs seek to recover the sum of $42.50, with interest at eight per cent, from March 30th, 1880, alleged to be due by note of defendant made payable on that day to H. A. Kluttz, and endorsed to plaintiffs for value after maturity. The execution of the note was not denied, but the defendant relied upon the plea of payment and, as a witness in his own behalf, testified in substance that he paid the note in cotton at Kluttz’s gin, which was…
1Opinion of the Court
Davis, J.:
The first exception is to the refusal of his Honor to strike out the defendant’s answer and give judgment for the plaintiffs, upon the ground that the Justice of the Peace had no jurisdiction to settle partnership matters. This is not an action to settle- a partnership. It is to recover money alleged to be due by note, which had no connection whatever with the partnership between Kluttz and the defendant, for it appears from the statement of the case on appeal that the note was given on March 30th, 1880, and the partnership was entered into in September, 1881, more than a year…
2Cases cited3 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- State v. . WhitfieldSupreme Court of North Carolina · 1885
- Love v. . RhyneSupreme Court of North Carolina · 1882
3Cited by2 opinions
- Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
- Allred v. . KirkmanSupreme Court of North Carolina · 1912