Carrington v. . Allen
Supreme Court of North Carolina
'Civil Action tried at Fall Term, 1882, of Durham Superior Court, before Shipp, J. Tbe action is to recover upon a note under seal in the sum of $500, executed by the defendant to the plaintiff on February 21st, 1878, and payable one day after date. The answer,'detailing at length the circumstances under which it was made, sets up as a defence that its consideration was for money won at unlawful gaming, and that the note by reason thereof is void.
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'Civil Action tried at Fall Term, 1882, of Durham Superior Court, before Shipp, J. Tbe action is to recover upon a note under seal in the sum of $500, executed by the defendant to the plaintiff on February 21st, 1878, and payable one day after date. The answer,'detailing at length the circumstances under which it was made, sets up as a defence that its consideration was for money won at unlawful gaming, and that the note by reason thereof is void. After empanelling the jury and reading the pleadings, the court inquired if the issues had been drawn up, to which the plaintiff’s counsel replied…
1Opinion of the CourtSmith, C. J.
The first' alleged error is disposed of in the late ease of Stronach v. Bledsoe, 85 N. C., 473, to which we refer without further comment.
2. The second assigned error is equally without support, as the instrument spoken of related to a collateral matter, and is not within the rule which excludes secondary when primary evidence is attainable. This is settled in Pollock v. Wilcox, 68 N. C., 46; and State v. Carter, 72 N. C., 99.
'3. The issue as appears from the complaint and answer, and the concessions of counsel, comprehended the only matter in controversy, and the court properly refused to…
2Cases cited3 opinions
- Pollock v. . WilcoxSupreme Court of North Carolina · 1873
- Stronach v. . BledsoeSupreme Court of North Carolina · 1881
- State v. . CarterSupreme Court of North Carolina · 1875
3Cited by9 opinions
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- Share v. CoatsSouth Dakota Supreme Court · 1912
- Hunt v. . EureSupreme Court of North Carolina · 1924
- Faulcon v. . JohnsonSupreme Court of North Carolina · 1889
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