Carrier v. Jones
Supreme Court of North Carolina
This 'is the plaintiff’s appeal in the foregoing case. No facts, except those therein stated, were elicited upon the trial; and the ground of the plaintiff’s appeal, as appears from the transcript, and as is set out in the case wherein the defendants appealed, is, for the rejection of certain evidence offered by him on the trial. From the decision of his Honor, rejecting the evidence, the plaintiff appealed.
1Opinion of the CourtBoyden, J.
The opinion in the case of the plaintiff against Jones, supra, is decisive of this case, and must govern it. In that case it is decided, that the receipts to *131H-ilkey and Kirkpatrick did not release or discharge Jones or Kirkpatrick, nor did they discharge the parties to whom they were given. The rejection of the evidence of the plaintiff constituted no error as it was wholly immaterial, and in, truth amounted to nothing more than what appeared by the receipts.
But his Honor was in error in not instructing the jury that the receipts of the defendants did not discharge them from the balance…
2Cited by4 opinions
- Jones v. . CallSupreme Court of North Carolina · 1885
- Commissioners of Forsyth v. LashSupreme Court of North Carolina · 1883
- Churchill v. . LeeSupreme Court of North Carolina · 1877
- King v. . WeeksSupreme Court of North Carolina · 1874