Knight v. Vincennes Bridge Co.
Supreme Court of North Carolina
Crvn, action- tried before Webb, J., at March Term, 1916, of Foe-syth. This is an action to recover damages, caused, as the plaintiff alleges, by the negligence of the defendant. The defendant denies negligence, and pleads a release as a defense.
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Crvn, action- tried before Webb, J., at March Term, 1916, of Foe-syth. This is an action to recover damages, caused, as the plaintiff alleges, by the negligence of the defendant. The defendant denies negligence, and pleads a release as a defense. The evidence of the plaintiff tended to prove that he was in the employment of the defendant company as a laborer at a wage of $2.50 per day, and when injured was engaged in helping in the construction of a steel bridge over the Yadkin River in Forsyth County. The bridge consisted of eight spans. On the day the plaintiff began working for the…
1Opinion of the CourtAlleN, J.
The receipt introduced by the defendant, which is in legal effect a release not under seal, is a complete defense and bar to the’cause of action of the plaintiff, if supported by a valuable consideration, and.not procured by fraud and undue influence.
The burden was, in the first instance, on the defendant to prove a valuable consideration (King v. R. R., 157 N. C., 52), and this it did when it proved the execution of the receipt by the plaintiff, acknowledging the payment to him of $7 in full of his claim for damages, because, in the absence of fraud, undue influence, or oppression, parties…
2Cases cited3 opinions
- Causey v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914
- Perry v. . Insurance Co.Supreme Court of North Carolina · 1905
- Den on dem. Fullenwider v. RobertsSupreme Court of North Carolina · 1839
3Cited by15 opinions
- Hildebrand v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1941
- Davis v. DavisSupreme Court of North Carolina · 1962
- Cowart v. HoneycuttSupreme Court of North Carolina · 1962
- Southern Pacific Co. v. GastelumArizona Supreme Court · 1929
- North Carolina National Bank v. EvansSupreme Court of North Carolina · 1979
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