{
  "id": 11268968,
  "name": "KENNEDY v. PRICE",
  "name_abbreviation": "Kennedy v. Price",
  "decision_date": "1905-04-18",
  "docket_number": "",
  "first_page": "173",
  "last_page": "174",
  "citations": [
    {
      "type": "official",
      "cite": "138 N.C. 173"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 152,
    "char_count": 2156,
    "ocr_confidence": 0.447,
    "sha256": "cbcc0e1c2314e9ac3e90096c2a3deb21ffb79dcbdd701ea6ce419ba59002ae4b",
    "simhash": "1:cebc36113ad511c3",
    "word_count": 381
  },
  "last_updated": "2023-07-14T14:59:46.048294+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "KENNEDY v. PRICE."
    ],
    "opinions": [
      {
        "text": "Clark, C. J.\nThis 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 account 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 \u201cparol pledge;\u201d that Proctor bad the trees sawed into lumber, which be soid to defendant without paying him for them; that be (plaintiff) notified defendant\u2019s 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.\nPlaintiff 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\u2019s prima facie case if be bad put in evidence. In dismissing the action there was\nNo Error.",
        "type": "majority",
        "author": "Clark, C. J."
      }
    ],
    "attorneys": [
      "T. B. Bailey and Jacob Stewart for the plaintiff.",
      "Watson, Buxton & Watson and A. T. Grant, Jr. for the defendant."
    ],
    "corrections": "",
    "head_matter": "KENNEDY v. PRICE.\n(Filed April 18, 1905.)\nVerified Account \u2014 Prima Facia Case \u2014 Rebuttal.\nIn an action before a justice of the peace, to recover a sum for lumber, on appeal, plaintiff offered a verified account and then testified that he sold the trees to one P. under a \u201cparol pledge;\u201d that P had the trees sawed, into lumber and sold it to defendant without paying plaintiff for the trees, but that defendant had no notice of plaintiff\u2019s verbal lien until after he had bought the lumber and given his note for it, held, plaintiff\u2019s own evidence negatived the prima facie effect of his verified account, and a judgment dismissing the action was proper.\nActioN by P. B. Kennedy against W. O. Price, begun before a justice of the peace and heard on appeal by Judge 0. E. Allen, and a jury, at the Spring Term, 1904, of the Superior Court of Davie County. From a judgment dismissing the action, the plaintiff appealed.\nT. B. Bailey and Jacob Stewart for the plaintiff.\nWatson, Buxton & Watson and A. T. Grant, Jr. for the defendant."
  },
  "file_name": "0173-01",
  "first_page_order": 213,
  "last_page_order": 214
}