Wilking's v. M'Kenzie

Superior Court of North Carolina

Wilking's v. M'Kenzie

3 N.C. 333

DecidedNovember 15, 1804

StatusPublished

This text of 3 N.C. 333 (Wilking's v. M'Kenzie) 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

Wilking's v. M'Kenzie, 3 N.C. 333 (N.C. Ct. App. 1804).

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Opinion

KpHIS cause again came on to be tried before Judge Taylor, -*■ and the same evidence was given as on the former trial, except this addition, that M‘Kenzie being about to leave town, Wilkings said to him, how shall I get your endorsementf M‘Ken-sie answered, I will leave an order which will secure you. The Judge left it to the jury to determine whether this evidence proved an agreement on the part of M£Eensie, to indemnify the plaintiff in case of a non acceptance of the bill. If they thought it was, then a verdict should be found for the plaintiff; if otherwise, for the defendant,

Verdict for the plaintiff.

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KpHIS cause again came on to be tried before Judge Taylor, -*■ and the same evidence was given as on the former trial, except this addition, that M‘Kenzie being about to leave town, Wilkings said to him, how shall I get your endorsementf M‘Ken-sie answered, I will leave an order which will secure you. The Judge left it to the jury to determine whether this evidence proved an agreement on the part of M£Eensie, to indemnify the plaintiff in case of a non acceptance of the bill. If they thought it was, then a verdict should be found for the plaintiff; if otherwise, for the defendant,

Verdict for the plaintiff.

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Bluebook (online)

3 N.C. 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkings-v-mkenzie-ncsuperct-1804.