Observer Co. v. Remedy Sales Corp.

85 S.E. 33, 169 N.C. 251, 1915 N.C. LEXIS 196

• Court: Supreme Court of North Carolina
• Decided: May 5, 1915
• Status: Published

Opinion

Pee Cueiam:.

We have carefully examined the exceptions relied on by the defendant and find no reversible error.

The admission of the correctness of the account, when it was presented to the defendant, by Mr. Powers, who was then its secretary, treasurer, and general manager, was sufficient to carry tbe case to tbe jury, and there was other evidence tending to sustain tbe plaintiff’s claim.

Tbe letter of Guy Y. Barnes was competent, but its effect was dependent upon tbe evidence introduced to show bis authority to bind tbe defendant or of ratification by tbe defendant.

Tbe statement by Powers, that be understood that Barnes was manager of tbe defendant company prior to tbe time be became manager, was objectionable as hearsay; but no barm came to tbe defendant from tbe refusal to strike out this evidence, because tbe books of tbe company were admitted in evidence, and they showed that Barnes bad been manager, and tbe date of bis election. ’

Tbe statement of bis Honor, during tbe argument of tbe defendant for a judgment of nonsuit, that one man could represent one-balf dozen different corporations, was true, and in any event could not have affected tbe verdict.

No error.