Sawyer v. . Grandy
Supreme Court of North Carolina
This was a civil action, tried before Bynum, J., and a jury, at Spring Term, 1893, of Camden Superior Court. The plaintiff brought his action as surviving partner, alleging that at the time named the plaintiff and T. S. Berry were copartners, doing business under the firm name of T. S. Berry; that said firm had large dealings with defendants Grandy & Son, commission merchants, and that said Grandy & Son now have in their possession the sum of $1,025, which is due and owing…
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This was a civil action, tried before Bynum, J., and a jury, at Spring Term, 1893, of Camden Superior Court. The plaintiff brought his action as surviving partner, alleging that at the time named the plaintiff and T. S. Berry were copartners, doing business under the firm name of T. S. Berry; that said firm had large dealings with defendants Grandy & Son, commission merchants, and that said Grandy & Son now have in their possession the sum of $1,025, which is due and owing to the plaintiff as surviving partner of the' said firm; that T. S. Berry is dead and plaintiff is winding up the…
1Opinion of the Court
MacRae, J.:
The Code, §590, declares tha.t upon the trial of an action a party interested in the event shall not be examined as a witness in his own behalf against the administrator of a deceased person, concerning a personal transaction or communication between the witness and the deceased person.
The paper offered as evidence of the contract of partnership purported to be the memorial of a transaction, or the transaction itself, between the plaintiff and the deceased person, against whose administrator the action is now being pressed. It has often been held that while under this section the…
2Cases cited2 opinions
- Halyburton v. DobsonSupreme Court of North Carolina · 1871
- Rush v. . SteedSupreme Court of North Carolina · 1884
3Cited by14 opinions
- Leffek v. LuedemanMontana Supreme Court · 1933
- McEwan v. BrownSupreme Court of North Carolina · 1918
- In Re Will of HarrisonSupreme Court of North Carolina · 1922
- McEwan v. . BrownSupreme Court of North Carolina · 1918
- Lister v. . ListerSupreme Court of North Carolina · 1943
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