Scott v. . Bryan
Supreme Court of North Carolina
Civil actioN, for the recovery of money only, tried before jKerr, J., at Fall Term, 1874, Chatham Superior Court. The action was referred by consent and heard by his Honor upon exceptions to the report of the referee, which was substantially as follows: I find that J. W. Scott was a merchant in the town of Haywood, in Chatham county, from 1855 to 1869, and the defendant was one of his customers during that period, and that the plaintiff sold goods to the defendant and his…
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Civil actioN, for the recovery of money only, tried before jKerr, J., at Fall Term, 1874, Chatham Superior Court. The action was referred by consent and heard by his Honor upon exceptions to the report of the referee, which was substantially as follows: I find that J. W. Scott was a merchant in the town of Haywood, in Chatham county, from 1855 to 1869, and the defendant was one of his customers during that period, and that the plaintiff sold goods to the defendant and his family, and charged them to the defendant, and kept an account of what he sold, and also of what he received from the…
1Opinion of the CourtEodmaN, J.
The defendant suggested a diminution of the record, in that the record of a judgment recovered by Scott against one Elliott, which is referred to in the case settled between the present parties, does not accompany the case, and moved for a certiorari to bring it up as a part of the case. This was opposed by the plaintiff, and we are of opinion that the writ should not be granted. The reasons for this opinion will sufficiently appear from our opinion on the second exception to the judgment of the Court below.
The first exception of the defendant is that the referee erroneously charged him with…
2Cases cited2 opinions
- Robinson v. WeeksSupreme Judicial Court of Maine · 1868
- Varney v. YoungSupreme Court of Vermont · 1839
3Cited by8 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Peele v. PowellSupreme Court of North Carolina · 1911
- Peele v. . PowellSupreme Court of North Carolina · 1911
- Balentine v. . GillSupreme Court of North Carolina · 1940
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