Case law

State v. . Yearby

82 N.C. 561 · Supreme Court of North Carolina · Jan 5, 1880

In the recent case of State v. Chadbourn, 80 N. C., 479 , we had occasion to examine and construe a similar provision, in the revenue act of March 10th, 1877. … The defendants in *562 that case were proprietors of a steam saw and planing mill, and their business was to buy timber, and by sawing and planing, convert it into lumber and boards which they sold in the market.

Crump v. . Morgan

38 N.C. 91 · Supreme Court of North Carolina · Dec 5, 1843

In Browning v Reane, 2 Phill. 69, Sir John Nichol said, “ the want of reason must invalidate a contract and the most important contract of life, the very essence of which is consent.” … Ridler v Ridler, 1 Eq Cas. Abr. 279; Brown v Clark, 3 Wood. Lec. 378, note, Stock on non compotes, 34. In this State we have said it was good either way. Shaw v Burney, 1 Ired. Eq. 148 .

State v. . Ratcliff

199 N.C. 9 · Supreme Court of North Carolina · Jun 16, 1930

S. v. Brown, 113 N. C., 645 , 18 S. E., 51 . There is no evidence on the present record of burglary in the second degree as defined by O. S., 4232, unless the jury disbelieve the evidence relating to occupancy. S. v. … S. v. Allen, supra; S. v. Spear, supra.

State Ex Rel. Swann v. Martin

191 N.C. 404 · Supreme Court of North Carolina · Mar 17, 1926

Perry v. Ins. Co., 137 N. C., 404 . The principle is thus stated in Brown v. Kinsey, 81 N. … Sutton v. Madre, 47 N. C., 320 ; Liquor Co. v. Johnson, 161 N. C., 77 ; Seagrove v. Winston, 167 N. C., 207 ; S. v. Bridgers, 172 N. C., 882 ; S. v. Prince, 182 N. C., 790 .

Swift & Co. v. Meekins

179 N.C. 173 · Supreme Court of North Carolina · Feb 18, 1920

Brown, J. The plaintiff sued to recover on a note of the defendant given for the purchase of fertilizer. … See, also, Love v. Miller, 104 N. C., 582 ; Lewis v. Rountree, 78 N. C., 323 .

Whitfield v. Atlantic Coast Line Railroad

147 N.C. 236 · Supreme Court of North Carolina · Apr 1, 1908

Burgin v. Railroad, 115 N. C., 673 . This rule is reiterated by the present Chief Justice in Johnson v. Railroad, 130 N. C., 488 , and enforced by Mr. Justice Wallcer in Morrow v. Railroad, 134 N. … Hunter *239 v. Railroad, 112 N. Y., 378 . See, also, Denny v. Railroad, 132 N. C., 340 ; Gordon v. Railroad, 132 N. C., 565 . Tbe motion to nonsuit is allowed and tbe action dismissed. Error.

Walker v. Westinghouse Electric Corp.

315 N.C. 597 · Supreme Court of North Carolina · Feb 18, 1986

WALKER v. WESTINGHOUSE ELECTRIC CORPORATION. No. 706P85. Supreme Court of North Carolina February 18, 1986. Badgett, Calaway, Phillips, Davis, Stephens, Peed & Brown, Winston-Salem, for plaintiff.

Vause v. Vause Farm Equipment Co.

233 N.C. 88 · Supreme Court of North Carolina · Feb 2, 1951

Withers v. Black, 230 N.C. 428 , 53 S.E. 2d 668 ; Taylor v. Wake Forest, 228 N.C. 346 , 45 S.E. 2d 387 ; Plemmons v. White’s Service, Inc., 213 N.C. 148 , 195 S.E. 370 ; Ridout v. … My left leg was out opposite tbe running board. . . . My left foot was over tbe running board but not on it. It was extended beyond it, towards tbe ground . . . my right foot was on tbe running board. ...

Reed v. . Exum

84 N.C. 430 · Supreme Court of North Carolina · Jan 5, 1881

“There is no doubt,” say the court in Brown v. Peck, 2 Wis., 261 , “ that by long acquiescence in a contract, merely voidable, the right to avoid it may be lost.” … Futrill v. Futrill, 5 Jones Eq., 61 .

National Bank of Asheville v. Bradley

117 N.C. 526 · Supreme Court of North Carolina · Sep 5, 1895

Denny v. Palmer, 27 N. C., 610 ; Tiedman Com. Paper, Sec. 336; 3 Randolph Com. Paper, Sec. 1238; 2 Daniel Neg. Inst., Sec. 995 ; Code, Sec. 42 and 49. Notice of dishonor must be given to the drawer. Brown v. … Brittain v. Johnson, 12 N. C., 293 .

Weil v. Flowers

109 N.C. 212 · Supreme Court of North Carolina · Sep 15, 1891

Woodlief v. Harris, 95 N. C., 211 ; Gwathmey v. Etheridge, 99 N. C., 571 ; State v. *217 Logan, 100 N. C., 454 ; Brown v. Miller, 108 N. C., 395 ; Rountree v. Britt, 94 N. C., 104 . … Rawlings v. Hunt, 90 N. C., 270 . The subsequent chattel mortgage to secure the note for $130 mentioned, did not have the effect to change or modify the provision for paying the note above referred to.

Williams v. . Washington

16 N.C. 137 · Supreme Court of North Carolina · Jun 5, 1828

Cited: Pope v. Harris , 94 N.C. 64 ; Baker v. Brown 103 N.C. 80 . Dist.: Thompson v. Peebles , 85 N.C. 419 . *Page 93 (151)

State v. . Paramore

146 N.C. 604 · Supreme Court of North Carolina · Feb 26, 1908

State v. Daniels, 134 N. C., 646 ; State v. Haywood, supra. … State v. Haywood, supra; State v. Daniels, supra; State v. Griffice, 74 N. C., 316 ; State v. Sharp, 110 N. C., 604 ; State v. Watson, 86 N. C., 624 ; State v. Baldwin, 80 N. C., 390 ; State v. Smith, ib., 410.

Wilson v. Blackwood Lumber Co.

185 N.C. 571 · Supreme Court of North Carolina · Jun 8, 1923

Sims v. Lindsay, 122 N. C., 678 ; Lloyd v. Hanes, 126 N. C., 359 ; Coley v. R. R., 129 N. C., 407 ; Marks v. Cotton Mills, 135 N. C., 287 ; Pigford v. R. R., 160 N. C., 95 ; Brown v. Foundry Co., 170 N. C., 39 .

Webb v. Western Union Telegraph Co.

167 N.C. 483 · Supreme Court of North Carolina · Nov 25, 1914

ejected a passenger from a train because he had no ticket and had refused to pay 10 cents more than the price of a ticket, which was 40 cents, and which he could *487 not procure on application to the ticket agent before boarding … The Court unanimously held that he could not recover punitive damages, Justice Brown saying, in the leading opinion, at p. 198 : “To entitle a passenger to such damages, his wrongful expulsion from the train must be attended

State v. . Davis

78 N.C. 433 · Supreme Court of North Carolina · Jan 5, 1878

The instruction prayed was proper, State v. Brown, 76 N.

State v. Dunn.

138 N.C. 672 · Supreme Court of North Carolina · May 16, 1905

Brown, J. The defendant was formerly indicted under *673 section 1011 of The Code, and on appeal to this court it was held that the character of the society was not the kind described in section 1017. … State v. McDonald, 133 N. C., 680 .

Booshee v. . Surles

85 N.C. 90 · Supreme Court of North Carolina · Oct 5, 1881

Morris v. Rippy, 4 Jones, 533 . Referring to an ancient but disused practice of giving a plaintiff allowed to sue without payment of costs, if nonsuit-ed, an election to pay costs or be whipped, Mr. … Rice v. Brown 1 B. & P. 39; Beavens Costs 121.

Reeves v. North Carolina Railroad

151 N.C. 318 · Supreme Court of North Carolina · Nov 18, 1909

It is contended tbat tbe intestate was guilty of negligence, per se, in attempting to board a moving train. … Whitefield v. Railroad, 147 N. C., 236 ; Burgin v. Railroad, 115 N. C., 673 ; Johnson v. Railroad, 130 N. C., 488 ; Morrow v. Railroad, 134 N. C., 99 .

Cook v. . Pittman

144 N.C. 530 · Supreme Court of North Carolina · May 7, 1907

Fenner v. Jasper, 18 N. C., 34 ; Etheridge v. Ashbee, 31 N. C., 353 ; Hatcher v. Hatcher, 127 N. C., 201 . … Enc. (2 Ed.), 552; Fitzgerald v. Milliken, 83 Ky., 76 ; Galbraith v. Gallivan, 78 Mo., 452 . New Trial.