The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1902-04-22
Suprme Court Decisions.
Reported by JOS L. Seaweli)

Reported by JOS l.. Sea"eii'
VS.. ARMWOOD, appellant.
From Duplin. New trial.
Where a contract for renting lana pio-
vides that the lessor Is 10 furnish mar
- tho lessee to f~ertflize the land. the
lessee. in an action by the lessor
cover a portion of the crop for rent. may
in support of his counterclaim Tor DAM
aees introduce evidence 70 show the de-
creased WELD in the crop by reason OF
the lessons failure 10 omply with ms
agreement to furnish mari, and sucn
damages are rot too remote Ashe vs..
DeRosset. 80 y. c.. sol; Spencer vs.. ham
ilton, 113 y. c. %.
COOPER, appellant VS.. ROUSE, from
Duplin. New trial
mortgage upon subsequently, ac-
ouired property. other than crops, Is
valid as between the parties. Berry vs..
White. III y. C. 1877; Brown vs.. Dali, III
y. C. IL: Kreth vs.. Rogers. 10l \. {. Zo5.
= case there is no question as TO
fraud or the rights of third parties. The
mortgage stipulated for a lien on all
goods purchased after its date, within
twelve months, and, this being valid, 1t
is held TO be immaterial whether the
goods. existing at the date Of the mort
ga ge. were partially or entirely exhaust
ed. and if entirely exhaused, whether
such exhaustion was due 10 the goods
having been sold or destroyed by fire.
EzZELL vs.. LUMBER CO., appellant.
From Duplin. No error.
Where there is a submission to arbi-
traitors. their decisions to be a rule Of
court, they are not required to make
notes of the evidence or find the facts.
and when their award, covering the
whole matter submitted to them, is re-
ported to the court. the arbitrator be-
come functi officio.
Unless corruption or partially is di-
rectly charged or proved or appears upon
the face Of the proceedings, the courts
cannot correct an award upon the ground
that the amount allowed was grossly
excessive, but in such case the award
may be set aside on the ground that it
is against conscience to have the award
enforced, in which event the parties
would be left as if no submission had
ever been made.
DAVIS vs.. LUMBER CO, appellant.
From New Hanover. New trial.
Where there is a general agreement
that if drafts, deposited in a bank and
credited on depOsitor's account, are re-
turned uncollected the amount Of the
drafts will be charged to depositor's &C
count, the transaction constitutes only
an agency for collection. 118 N. C. 54S;
129 N. C. 452: us N. C. 556.
Where there is a judgment upon con-
Trajectory findings of the court, a new
trial will be awarded.
STATE VS. 9nnp119nt From
Wake. Remanded.
The sentence imposed upon convictions
Of ARRAYS and simple assaults, where no
deadly WeapOn was used and no serious
damage done, cannot exceed a fine of fifty
dollars or Imprisonment for thirty days.
Code Sec. 987; State VS.. Nash. 100 n. c..
o24; State VS.. Johnson, "a n. c.. 500;
State VS.. Albertson, 113 N. C. 633.
An Indictment charged that A and B
did unlaWfully and wiIfully mutually
assault and beat each other in a public
place and intiict serious injury upon
each other during the September term.
1901, of Wake Superior Court and within
one mile Of the Court House in said coun-
ty, and then and there did u~nlawfulIy
and Wilfully fight and make an assault,
to the terror of the citizens there as
sembled," ETC.; Held,
10 That the Superior court could not
impose a sentence beyond the limit for
a simple assault or ARRAY in which no
deadly weapon was used; and
~ The charge of serious injury in
the Indictment is defective in that it
1aIls to specifically allege the character
and extent of the injury inflicted. 98 N
Z. 40; 80 n. C. $50; 81 N. c.. 624. "a N
Z. S24: 90 N. c.. 673; 1O1 n. G. 712. IOa
n C. 7S6: 113 N. C. 635.