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THE NEWS OF NORFOLK ON PAGES TWO, THREE AND FIVE.
Notes of Cases Recently Decided,
Which are of Interest to
DIGESTED BY W- 13 MASTIN.
tExclusively Tor Vlrglnlan-Pilot.)
MOREHEAD HANKING CO. V.
Supreme Court of North Carolina,
May 5, 1SU9.
WHERE AN EXECUTRIX TOOK UP
A NOTE OP THE TESTATOR UV
GIVING HKIt INDIVIDUAL NOTE,
SHE IS LIABLE INDIVIDUALLY,
AND THE NOTE CANNOT HE ' .
FORMED, AS THE MISTAKE WAS
ONE OE HAW.
This was a suit on a n )tc given by an
executrix to lake up a note of her tes?
Tlie court says:
In tills case it appear;: that the trans?
action took place between the defend?
ant Morehead and Morgan, the cashier
of tho plaintiff bank. Morgan says he
drew tlie note as he was directed to
draw it, and the defendant Morehead
says that she signed It as it was drawn,
knowing how it was drawn. There wj.i
not-n word said then or before by either
Morehead or Morgan as to whether she
would be personally liable- or not, and
no such question was raised until long
ufter this action was commenced. Fin?
ally, tho question was raised aa to
whether the defendant Morehead was
personally liable or not; and then sir
said she did not think when she signed
the- unto that she was making herself
personally liable, and Morgan said he
did not think when she signed the note
that she was personally liable. Upon
this evidence, the defendant More-head
ns!<s a court nf equity to come to her
relief ami say she is not liable for this
debt, although she admits that in law
she Is liable. Suppose the jurisdictions
of law and enujty were In separate
courts, as they were before the consti?
tution of 1868, and the plaintiff had re?
covered judgmL.it against the defend?
ant Morehead In a court nf law, and site
had gone into a court of equity to re?
strain 'and enjoin its collection; upon
what ground would .-die put her reih f?
There is not a suggestion nr fraud, de?
ceit, or mistake of tho draftsman In
drawing the note, nor a suggestion but
What It was'drawn just as the parties
wanted it and intended it BhouTd be
drawn. Indeed, thi.; Is admitted. ^Vo
must confess that wo are at a loss to
see any ground for an equitable Inter?
ference. And though equity is now ad?
ministered In tii" same court, and may
be in the same action, the rules taat
governed before 18C8 are the same now
that they wore before that lime. T >
Hilt? the defendant Morehead i.lultn
ble Interference and equitable relief, bIic
must have such equities as would have
availed her?beforc 1808.
After giving this ease all the Inves?
tigation and reflection wo nre nblo to
do, under the light of the very -able ar?
gument of defendant's counsel, we *ao
not see the error alleged In the former
opinion that Judgment appealed from 18
"reversed." This Is a technical error,
but does not affect the opinion as to the
merits of the controversy. There being
no disputed facts,?they having been
agreed upon,?there was-ftothing to sun-,
mit to the jury. The province, of t'ao
Jury Is to pass upon disputed facts, and !
to lind how th"y uiv. Where thor ? arc
no disputed facts, it becomes a ques?
tion or law for the court: and, upon
the undisputed facts, the court sh luid
have directed a personal judgment to
be entered ?galust the defendant More
head, As that Judgment should have
been entered ut the trial, it will be ? >
entered upon tills opinion being certi?
fied to the superior court of Durham
county. Petition dismiss< I.
SILVER V. MAYOR OF SPARTA.
Supreme Court of c; or;;ia.
April 21, 1S99.
TDK FACT THAT A CITY. AFTER
G RANT1 N?S TO A PERSON A
LIQUOR LICENSE FOR A PAR?
TICULAR SUM AFTERWARDS 13
8UED A LIKE LICENSE TO AN?
OTHER PERSON FOR A SMALLER
SUM, DOES N>)T GIVE THE
FORMER ANY RIGHT OF ACTION
AGAINST THE CITY.
This was an action , for damages
against the defendant city alle;;, i i i
have be.-n caused by its action n
suing a license to sell liquor to | lalntlff
for one year for which he paid the'sum
of $1,000, and then afterwards issuing ?'
similar license to another pi rson for .?
less sum. There was a th ihurrer 1 i the
petition which was sustained and plain?
tiff a pp ? : !? I.
The e >urt says:
l. This id a very remarkable ease,
and. if the facts averred in the petition
be true, a singular and entire mis in?
ception of the legal nature of a 1: : ns '
to retail spirituous liquors, its we'd pf
the powers and duties of a municipal
corporation, exists in the minds of both
parties to the caae. In any view of th-..
ease, the demurrer to the petition was
properly sustained. The eighteenth
section of an act of the general as?
sembly entitled "An act to alter and
amend, revise and consolidate the
several acts granting authority to the
town of Sparta, and to etinfer addition?
al powers upon the mayor and alder?
men of saiii town, and tor other purr
poeea," provides that said mayor a:: l
aldernien shall have exclusive right t"
grant, or. In their discretion, refuse to
grant, licenses to toll ma::, spirituous,
or Intoxicating liquors within to ?
porntc limits or said town, shall pre?
scribe the terrr.G on which llcens ? ::
be issued, and regulate and control the
same." A "llcqhRc'! Is delln? I :?? b tie
granting <>f a an sei il privilege one
or more persona, not enj >yed by Cit?
izens generally, or, at least, not by a
class to which the licensee belongs, and
three lending id boa are Involved lit the
d- iillii in:i -d* .1 "?licence" under the
ll(fuor laws: First, it confers a special
privilege, or frahchlse, up >h neb ? t
persons, to pursue a calling not
to all; second, it legaliv.es nets Which,
if done without it =; protection, would ho
offense against the statute; third, it m
a prlviragc, as a part or a system of
police regulation, and therein Is dis?
tinguishable from taxation. In tho case
of it ?ard v. Barrle, ni X. Y. 659, it la
said: "These licensed to i-ell liquors
are not contracts between the State ami
the persons licensed, giving the latter
vested right.-, protected on general
principles, and l>y the,constitution of
the United States, against subsequent
legislation, nor are they property. In
any legal or constitutional sense. They
have neither the qualities of a contract
nor of property, but are merely tempo?
rary permits to do what otherwise
would be an offence against a general
law. They form a portion of the Inter?
nal police system of the State, arc is?
sued in the exercise of its police powers,
and are subject to the direction of tho
State government, which may modify,
revoke, or continue tip in. as it may
deem lit." We may. therefore, take it
as estahiisbc 1 tint, when a license was
issued to tho petitioner by the m tyor
and aldermen of the town of Spar:.',
she was thereby Invested with no right
of property, but that she was only
Riven a permit t" otigag ? in tho busl
iii ss .?f retailing spirituous ilquors, sub?
ject to tin.' controi of the municipal au?
thorities of said town, and stich au?
thorities had the exclusive right to fix
the license fee et stich a sum as in their
judgment the best Interest of the people
of tiie town required. Having, then, a
I crmit to engage in the business, and
having clone so according to the tcrths
of t'.i" ileense, the petitioner had no
right to complain if the constituted au?
thorities, In the exercise of the same
discretion w'hlch cnused the license to
be issued to hrr, granted a similar per?
mit to another person. I: is is averred
in the petition that the mayor and al?
dermen, while requiring from the pe?
titioner cash in paymenl of tin- enso
fee, accepted from .Marold a tract of
hind, of estimated value of Si.f.ou. ami
paid to Mandel $500. the different e bi -
Iwccn the license f ? and the value of
th land. Assuming this to he true, and
conceding, as we do; that such action
was clearly illegal, bey ad the powers
of the Corporation, and of which any
citlxen of the town would h ive a right
to complain, such act doe* not give her
any light, in an action such as is set
out In the petition, to have the deed
canceled: for. however much Injury
such action Plight have done to tho clt?
hcemfnt large, .; in no way affected the
right of tho petitior.tr to engage In the
business for Which she was licensed. It
Is trite she alleges thai, by this means
and tiio issuance of the license under
the e c^rctimntances, she had ? nipo
titloti in her business. But, when she
applied for and received a license to
en rage in tho business of retailing Mpir
ItUOUs liquors, site did 80 subject to
the power of the municipal authorities
of Spart i td grhrtt other licenses tor the
same business,?n power which could,
not bo alienated nor legally curtailed]
by any stipulation or agreement.
Whatever may be the effect of the il?
legal action alleged in the petition, It
is certain that tho petitioner cannot
derive any pecuniary b h therefrom
in the way of damage,!, nor recover
from i-.-, ? municipal authorities any
?Mit (if the sum paid by her as the
lb ? ns fee tor the privilege of retailing
spirituous1 liquors for the year ism. uh
?! ;? the facts stated in the petition. As
fixing the amount of her damages, it is
further alleged that, if the corporation
St . sr.
There's a Time to Sacrifice,
And Now's the Time.
All the too-small and too-large lots. They count up an immense variety of
patterns?the nobbiest Fancy Cassimeres and Cheviots. Because we make such an
enormous cut. that's no shirking of responsibility. THEY'RE OUR SUITS?and we
fully guarantee them to tit perfectly?to bo strictly all wool?to be better values than
you can find elsewhere at the regular prices.
They are mostly Single-BreaMed Sacks?of some, all sizes?of others, only a
f e w._
m want, to Gall Every Parents' Attention
to this sale in OUR CHILDREN'S DEPARTMENT THIS WEEK. They are EXTRA
SPECIALS?reductions upon reductions?the nearer we clove out a lot?the greater
the sacrifice?and the lower the prices fall?the more forcible are the opportunities
All Suits Marked $5, $6 and $7,
For All Suits Marked $3.50, $4
2 3^ ssncd 236 MAIN St.
Ii 1 I not issued the license to Mandel,
she would have sold $30)000 ,>f liquors
during the year, and realized a profit
of $!n.inn'. where.is she realized no profit
.? t all. If, up to this point, trie plaintiff
had made out a ease entitling her to
damages, the amount of which was to
1) m asured by the profit s'ae would
have made, the petition would still bo.
subject to demurrer. Affirmed.
Carbolic Acid, C'.e. pint at Trotter's
Drug Store, corner Main and Church
For Over Fitiy Years
lias liT-n used for children wldto tooth'
Ins. It soothes the child, softens tlu
Elims, allays all pain, cures wind colic,
regulates the stmach and bowels, and
Istha liest remedy for diarrhoea. Twenty
live cents a houi<\ sold by all druggists
throughout the world.
$$i>> DR- ANNA CiERM,
I7 Wfsn of hint, rciniie. v,-c.
I V Afi >4 ??Wo ooiiioouml fSf
, iHZfflH fem.ilu Cuittnl.-ilni*
\ '?ViKMl ,: 10 Mlly Welt?
??'rfy'rillo V\iv?? without cnii
'ty- "Sir*;\\L*:Lm Sf ?W3 13 llaltiniote
UuJMinoi c. tij.
www wro? wm. m, www mm?? mm m m
25c. Dress Goods for \2':C. \
This tine cnilx)dics a Rood assort- j
ment of all-wool Dress Goods, hi \
both black and colors.
' Cut this out and note (hi
Give us a call Monday and get some valuable points on__how to
economise hi your Dry Goods buying. Note the four startling SPECIALS
in the four comers oi this announcement. These are for Monday only.
Our oittlro stock of Ladles' and Gents'
Neckwear, consisting or s:.tk and Satin
Dows iir.it String Tics, all colors, one
w. ek, told before for less than 23c.?to
Sc. Else In.
Have you visited this peerless
department lately ? If not you
are standing woefully in your
own light. We are showing all
the latest weaves in both plain
and fancy fabrics and offering
them at surprisingly low figures.
Give us a call and we will place
greal bargains within your reach,
no matter how flat your purse.
. We mention a few :
4S-lnch Russian Serge?cheap at 51.00
?yours for 73c.
62-inch English Serge Suiting, haul
finish and splendid weave, 7.">e.
44-Inch Kreuch Cashmere Serge, very
fine weave, worth 73c, our price 59c;
44-inch All-wool Littstcrless Granite
Cloth, very handsome, 50c.
40-inch Nun's_Cloth, jet hind; and
very stylish, 50c
Common linings that stretch
and fade often spoil the effect of
an otherwise handsome suit.
Our customers never have these
troubles to contend with. We
call your arteniion to a few arti?
cles contained in this depart?
40-inch Sponged Irftmb's
value; can't be beat?60c.
that must be :;con to be
French Twilled Selisias, 10?.
Those popular Near-silks, that look
like silk and wear better, 13 and 20c.
Canvas for facing, nil ;;r.id<:;, all
shades and nil :>rlccs.
Hustle Linings in abundance.
We are headquarters for Hair Cloths
of all kinds?English, Fraiich and
A peep at tliT.e article.", whjch con?
stitute the foundation and fuudam ntal
part of "My ready's Robe," will con
vinco you of their morl'.s.
This aggregation in our estab?
lishment has reached the summit
of excellence. We are showing
the best things and giving the
biggest values, embodying the
most desirable commodities of
both domestic and foreign mar?
kets. A daintily furnished table
always sharpens the appetite and
improves the flavor of the viands.
Let us fit you oul in tableware.
We can do ii to your entire sat?
isfaction and for a surprisingly
Note the following:
72-inch extra heavy Show White
Scotch Damask?pure linen; dainty de?
signs; very lino etuullty and will wear;
like lent It x? cheat) at $l.D0, our price
72-inch Imported Damask, all linen?
the $1.00 kind wo are offering at 7."?e.
This in a very popular .number and is
way above oompetitloh.
Our extra wide All-linch Damasks, at
.'ft and 60c, nre far above the average.
Many others, for many prices, both
higher and lower, than the ones men?
& :.t . U % 0
In fitting out your household
this .article, with its many uses,
plays no unimportant part.
COOD flannels at low prices
are hard to find, but we are
showing them in abundance, in
all shades, all widths, all weights
and all degrees of fineness, and
at prices the mere mention of
which will soothe any troubled
We have handled flannels from
every mill of any size in the
csuntry, consequently know the
best values and procure them di?
rect from the manufacturers and
in large quantities.
We are showing a splendid
line of embroidered flannels at
prices that are simply sensa?
When buying your blankets
for the cold winter that's coming
consult your own interest and see
We are showing a large and
varied assortment of these essen?
tials at rock bottom prices.
See the five dollar ($?.00) tine
svool blanket for sale here at
These are new and fresh goods
just from the mill, the 11x4 size,
and each pair will weigh full five
pounds. They come with pink,
blue and red borders, and are as
soft and tine as the lamb's coat
Remember the price, 53.98,
and this is ??.00 value.
J Fine Crocheted Quilts, full size,
A the regular St.25 kind, for the rjdicu- K,
jj Ions price of y
206 Main Street, = = Academy of Music Building.
Cars stop here. Phone S22.
l , V
a ()ne $55 Domestic Sewing Machine, ^>
just from the factory, a noiseless run- t\
ncr, only this one will be sold for [