Kellam v. Brown

Decided February 15, 1893

Supreme Court of North Carolina · decided 1893-02-15

Civil. ACTION, tried before Whitaker, J., and a jury, at December Term, 1892, of Duplin Superior Court, in whicli plaintiffs sought to recover the value of goods alleged to have been sold to defendant.

Good law ✅— No negative treatment on recordhow we know

Decided 1893-02-15

How this case has been cited

Cited by 4 later decisions — most recently January 1916

1 federal appellate · 1 district · 2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MacRa'e, J.:

¶1We have been favored with neither argument nor brief by defendant’s counsel. On examination of the record we find certain objections to depositions, and to some of the questions and answers therein, and exceptions noted to his Honor’s rulings, but they are not stated in the case on appeal, and we must presume that they are not now insisted on.

¶2The defendant excepts to the instructions given by his Honor as to assignment of the claim sued upon to plaintiffs. Without any suggestion as to the error in this instruction we have been unable to discover it.

¶3The agreement between the parties is not such as is contended by defendant in that it would constitute the defendant a factor or commission merchant, the agent of the plaintiff for the sale of the goods mentioned, but clearly contemplates a sale. We concur in the views of his Honor as expressed in his instructions to the jury. There is

¶4No Error.