{
  "id": 8655106,
  "name": "LAURA SPENCER v. JOHN H. FISHER",
  "name_abbreviation": "Spencer v. Fisher",
  "decision_date": "1912-02-28",
  "docket_number": "",
  "first_page": "264",
  "last_page": "265",
  "citations": [
    {
      "type": "official",
      "cite": "158 N.C. 264"
    }
  ],
  "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": 170,
    "char_count": 2166,
    "ocr_confidence": 0.437,
    "sha256": "4c8d60d3f24bd39b9d786dfd15f40ebda9222b0ecf0d95a38197c8da6b123070",
    "simhash": "1:4f33765295fefd94",
    "word_count": 374
  },
  "last_updated": "2023-07-14T16:45:05.014249+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "LAURA SPENCER v. JOHN H. FISHER."
    ],
    "opinions": [
      {
        "text": "Clark, C. J.\nTbis is an action by Laura Spencer, tbe mother of Carl Spencer, against a banking company and Eisber, its casbier. Tbe complaint alleges tbat Carl Spencer, tbe son of tbe plaintiff, wbo is a widow, is a minor 17 years of age, and tbat in April, 1911, a wholesale whiskey dealer in Richmond, Ya., shipped nine cases of whiskey to New Bern, N. 0., consigned to \u201corder of tbe shipper,\u201d and tbat said shipper forwarded bills of lading, one for each case, to tbe defendant with sight draft attached, with tbe request to \u201cNotify Carl Spencer.\u201d Tbat tbe defendant Eisber was notified by tbe uncle of said Carl tbat be was a minor, and said uncle forbade'tbe delivery to him of said bills of lading, but tbat, notwithstanding, upon payment by said Carl of said drafts, Eisber delivered to him said bills of lading \u201cwhereby tbe title to tbe whiskey passed to tbe said Carl Spencer.\u201d\nTbe complaint avers tbat tbis was a sale of tbe whiskey to said Carl Spencer in violation of Revisal, 3524, and tbis action is brought to recover exemplary damages under Revisal, 3525. Tbe court sustained tbe demurrer tbat \u201ctbe complaint did not state a cause of action,\u201d and dismissed tbe action.\nTbe complaint fails to aver that Carl Spencer was \u201can unmarried person,\u201d as required by Revisal, 3524, and hence the judgment dismissing the action must be affirmed. The court, it is true, might have allowed an amendment in this respect, in its discretion, but it seems that it was not asked for.\nAction dismissed.",
        "type": "majority",
        "author": "Clark, C. J."
      }
    ],
    "attorneys": [
      "W. B. Mclner for plaintiff.",
      "Gui\u00f3n & Gui\u00f3n for defendant."
    ],
    "corrections": "",
    "head_matter": "LAURA SPENCER v. JOHN H. FISHER.\n(Filed 28 February, 1912.)\nIntoxicating Liquors \u2014 Sale to Minors \u2014 Pleadings\u2014Allegations\u2014Interpretation of Statutes.\nTo sustain an action for exemplary damages under tbe provisions of the Revisal, sec. 3525, for the sale of intoxicating liquors to minors prohibited by the Revisal, sec. 3524, it is necessary that the person to whom the sale was made be \u201cunmarried,\u201d as well as \u201cunder the age of 21 years,\u201d etc.\nAppeal by plaintiff from Foushee, J., at February Term, 1911, of CbaveN.\nTbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Chief Justice Ciarle.\nW. B. Mclner for plaintiff.\nGui\u00f3n & Gui\u00f3n for defendant."
  },
  "file_name": "0264-01",
  "first_page_order": 308,
  "last_page_order": 309
}