Heptinstall v. . Rue

Supreme Court of North Carolina

Heptinstall v. . Rue

75 N.C. 78

CourtSupreme Court of North Carolina

DecidedJune 5, 1876

StatusPublished

Cited by1 cases

This text of 75 N.C. 78 (Heptinstall v. . Rue) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heptinstall v. . Rue, 75 N.C. 78 (N.C. 1876).

Pincite

Opinion

•Reade, J.

If the action is for the conversion of the bale of cotton, as it seems to be, it is a tort, of which a Justice has no jurisdiction. If upon the promise to deliver the bale of cotton, the promise seems to have been without consideration and therefore void.

The case will be remanded that it may be dismissed, and then the parties may proceed upon the other questions as they may be advised. Plaintiff pay cost of this Court.

Per Curiam. Judgment accordingly-

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•Reade, J.

If the action is for the conversion of the bale of cotton, as it seems to be, it is a tort, of which a Justice has no jurisdiction. If upon the promise to deliver the bale of cotton, the promise seems to have been without consideration and therefore void.

The case will be remanded that it may be dismissed, and then the parties may proceed upon the other questions as they may be advised. Plaintiff pay cost of this Court.

Per Curiam. Judgment accordingly-

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Bluebook (online)

75 N.C. 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heptinstall-v-rue-nc-1876.

Opinion

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