Manning v. Brickell.

Superior Court of North Carolina

Manning v. Brickell.

3 N.C. 133

DecidedJuly 5, 1801

StatusPublished

This text of 3 N.C. 133 (Manning v. Brickell.) is published on Counsel Stack Legal Research, covering Superior 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

Manning v. Brickell., 3 N.C. 133 (N.C. Ct. App. 1801).

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Opinion

T)ER curiam:

Brickeil endorsed a note to Manning and -*• Byrne, partners in trade, as satisfaction for a precedent debt due to the partnership : which note was released by-Brick-eil to the maker before the endorsement. An action was commenced against the maker, and on that circumstance appearing, was dismissed, and the note returned to Brickeil: then the ps.-trciship was dissolved and a receiver appointed, and this was published in a Ga2ette which circulated in the town where Brickeil lived: After which, Brickeil paid the debt t© Byrne; and I am of opinion that if Brickeil knew of the appointment of the receiver, his payment after such knowlege to one of the *134 partners was void; and that Byrne being since dead,. the surviving partner is entitled to recover.

• The jury found for the defendant j and a new trial being moved for, the judge refused it, saying, it would be a hard case 0» the defendant should a recovery be effected — -and therefore'he-' would not disturb the verdict.

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T)ER curiam:

Brickeil endorsed a note to Manning and -*• Byrne, partners in trade, as satisfaction for a precedent debt due to the partnership : which note was released by-Brick-eil to the maker before the endorsement. An action was commenced against the maker, and on that circumstance appearing, was dismissed, and the note returned to Brickeil: then the ps.-trciship was dissolved and a receiver appointed, and this was published in a Ga2ette which circulated in the town where Brickeil lived: After which, Brickeil paid the debt t© Byrne; and I am of opinion that if Brickeil knew of the appointment of the receiver, his payment after such knowlege to one of the *134 partners was void; and that Byrne being since dead,. the surviving partner is entitled to recover.

• The jury found for the defendant j and a new trial being moved for, the judge refused it, saying, it would be a hard case 0» the defendant should a recovery be effected — -and therefore'he-' would not disturb the verdict.

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Bluebook (online)

3 N.C. 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-v-brickell-ncsuperct-1801.