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Wilkins-Ricks Co. v. Dalrymple

Supreme Court of North Carolina
Oct 1, 1934
176 S.E. 750 (N.C. 1934)

Opinion

(Filed 31 October, 1934.)

APPEAL by defendant from Barnhill, J., at July Term, 1934, of LEE.

D. B. Teague and E.L. Gavin for plaintiff.

H.M. Jackson and K. R. Hoyle for defendant.


Civil action to recover balance due on promissory note, given for past-due account — goods sold and delivered — and tried upon the following issues:

"1. Did the defendant, J. D. G. Dalrymple, on or about 8 April, 1929, execute and deliver to the Wilkins-Ricks Company his promissory sealed note in the sum of $931.80, as alleged? Answer: `Yes.'

"2. If so, what amount, if any, is the plaintiff entitled to recover thereon? Answer: `$738.80, with interest (from) 1 October, 1929.'"

From judgment on the verdict defendant appeals, assigning errors.


No reversible error in the trial of the cause has been made to appear; hence, the verdict and judgment will be upheld. Evidence of the account was competent, not only in corroboration of plaintiff's testimony to which it was limited, but also as tending to show the consideration for the note. Bowman v. Blankenship, 165 N.C. 519, 81 S.E. 746.

No error.


Summaries of

Wilkins-Ricks Co. v. Dalrymple

Supreme Court of North Carolina
Oct 1, 1934
176 S.E. 750 (N.C. 1934)
Case details for

Wilkins-Ricks Co. v. Dalrymple

Case Details

Full title:WILKINS-RICKS COMPANY ET AL. v. J. D. G. DALRYMPLE

Court:Supreme Court of North Carolina

Date published: Oct 1, 1934

Citations

176 S.E. 750 (N.C. 1934)
176 S.E. 750

Citing Cases

Bowman v. Blankenship

No error. Cited: Perry v. Mfg. Co., 176 N.C. 71 (1g); Bank v. Pack, 178 N.C. 390 (1g); Storey v. Stokes, 178…