Kennedy v. Price.

Supreme Court of North Carolina

Kennedy v. Price.

50 S.E. 566, 138 N.C. 173, 1905 N.C. LEXIS 243

DecidedApril 18, 1905

StatusPublished

This text of 50 S.E. 566 (Kennedy v. Price.) 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

Kennedy v. Price., 50 S.E. 566, 138 N.C. 173, 1905 N.C. LEXIS 243 (N.C. 1905).

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Opinion

Clark, C. J.

This is an action to recover $189.88 for lumber, begun before a justice of the peace. Upon appeal the plaintiff in the Superior Court offered his verified ac *174 count as prima facie evidence, Acts 1897 Ch. 480. But be did not rest there; be went upon the stand and testified that be bad sold the trees to one Proctor under a “parol pledge;” that Proctor bad the trees sawed into lumber, which be soid to defendant without paying him for them; that be (plaintiff) notified defendant’s agent of bis verbal lien but not till after Price bad bought the lumber of Proctor and given bis note for it. That it was after such notice that the defendant moved the lumber. The plaintiff proved bis debt against Proctor in bankruptcy.

Plaintiff by bis own evidence negatived the prima facie effect of bis verified account and showed that there was no privity between himself and the defendant and that there was no lien on the lumber for which the defendant was liable. The defendant could not have more completely rebutted the plaintiff’s prima facie case if be bad put in evidence. In dismissing the action there was

No Error.

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Clark, C. J.

This is an action to recover $189.88 for lumber, begun before a justice of the peace. Upon appeal the plaintiff in the Superior Court offered his verified ac *174 count as prima facie evidence, Acts 1897 Ch. 480. But be did not rest there; be went upon the stand and testified that be bad sold the trees to one Proctor under a “parol pledge;” that Proctor bad the trees sawed into lumber, which be soid to defendant without paying him for them; that be (plaintiff) notified defendant’s agent of bis verbal lien but not till after Price bad bought the lumber of Proctor and given bis note for it. That it was after such notice that the defendant moved the lumber. The plaintiff proved bis debt against Proctor in bankruptcy.

Plaintiff by bis own evidence negatived the prima facie effect of bis verified account and showed that there was no privity between himself and the defendant and that there was no lien on the lumber for which the defendant was liable. The defendant could not have more completely rebutted the plaintiff’s prima facie case if be bad put in evidence. In dismissing the action there was

No Error.

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Bluebook (online)

50 S.E. 566, 138 N.C. 173, 1905 N.C. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-price-nc-1905.