The Shemwell Family

Summary: This is a lawsuit between the Plaintiffs: Southern Fertilizer Company versus Defendants: Charles V McGehee, Administrator of the Estate of his father Nathan Micajah McGehee, deceased. Ultimately, the Plaintiffs prevailed in court and the Defendants were ordered to pay for material and court costs. Shown below is the original Court Complaint transcribed via Images 2 -> 4. More details of the case can be found in Images 5 -> 34. Transcribed: “State of North Carolina, Rockingham Count The Southern Fertilizing Company (Plaintiffs) versus CV McGehee, Administrator of NM McGehee, deceased (Defendants) The Plaintiff complaining alleges: Item 1. That the Plaintiff is a corporation dually organized under the laws of the state of Virginia. Item 2. That the said NM McGehee, late of said County, died on the ? day of 188? without leaving any last will and testament and that said CV McGehee was, on the day of ? 188? duly appointed and qualified as Administrator of the Estate of said NM McGehee. Item 3. That on the 6th day of March 1886, the Plaintiff and Defendants intestate entered into a written agreement, which will be produced on trial, being executed in duplicate, one copy was held by Plaintiff in the other by Intestate of Defendant, and that by the terms of said agreement in consideration of the Plaintiff furnishing said Intestate with its various brands of fertilizers to sell to farmers, as its agent, and also in consideration of 15% of all sales, of the particular brands that were sold by him said Intestate, promised and agreed to guarantee payment to the Plaintiff for the price of all its said goods which might be sold by him. Item 4. That the Plaintiff afterwards, and on the faith of said guaranty, ship to Defendants Intestate diverse lots of said fertilizer, as he from time to time ordered same, which he sold and delivered to the persons and at the prices mentioned in the Exhibit “A” hereto attached and prayed to be taken as part of this Complaint which said persons executed their several bonds for the same payable to the Plaintiff to be due as stated in said Exhibit for the aggregate sum of $411.52. Item 5. that by the terms of said agreement with the Defendants Intestate way to collect said bonds, and pay the money to the Plaintiff, less said commissions and include where due those were delivered to him, (except the two executed by himself but hereto attached Marked B and C), for that purpose, and said Intestate continued to hold the same. Item 6. That thereafter on the ? day of May 1888 payment of the said bonds were duly demanded of Defendant’s Intestate upon his said guaranty, but he failed and neglected to pay the same, or any part thereof, or to account for the same as except the sum of $6.75 as stated in said Exhibit A, stipulated in said agreement; and a like demand was on the day of ? 1890 made upon the Defendant, who refuses to pay same and also declined to recognize the same as claims against the Estate of his Interstate, to share in the assets thereof. Wherefore the Plaintiffs demand judgement for the sum of $308.92 with the interest on the same from 10th day of May 1888 for the cost of these actions; and such other and further relief to the Court maybe just and proper. Signed by, Boyd & Johnson - Attorneys for the Plaintiff” Financials: Note that Exhibit A is a listing of equipment totaling $411.52. On March ? of 1888 the Defendants paid the Plaintiffs $2.25 and on May 10th 1888 they also paid them $4.50; so, in total they previously paid the Plaintiff $6.75 which would leave a remaining balance of $404.77 owed. For the Defendant’s sales, the they earned a commission of $95.85 which was applied as an account credit. So, the net amount owed the Plaintiffs was $308.92 Judgement: Later there was a judgment on the 10th day of May 1888. The Defendant was ordered to pay: (1) $308.92 with interest on the same from the 10th day of May 1888 and (2) Court costs determined by the Clerk.