Supreme Court of North Carolina, 1873

Carrier v. Jones

Supreme Court of North Carolina · Decided January 15, 1873 · Boyden, Feb

68 N.C. 130

Counsel

No counsel for the appellant in this Court., Argo & Hams, and Dupre, contra.

Cases that cite this one

3 later published cases cite this decision.

Commissioners of Forsyth v. Lash (N.C. 1883)
Churchill v. . Lee (N.C. 1877)
King v. . Weeks (N.C. 1874)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Boyden, J.

The opinion in the case of the plaintiff against Jones, supra, is decisive of this case, and must govern it. In that case it is decided, that the receipts to *131H-ilkey and Kirkpatrick did not release or discharge Jones or Kirkpatrick, nor did they discharge the parties to whom they were given. The rejection of the evidence of the plaintiff constituted no error as it was wholly immaterial, and in, truth amounted to nothing more than what appeared by the receipts.

But his Honor was in error in not instructing the jury that the receipts of the defendants did not discharge them from the balance still due, and only entitled them to the credit for the amounts stated in -the receipts.

There is error. This will be certified to the end that a new trial may be had,

Feb. Curiam.

Venire de novo.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.