Helsabeck v. . Doub
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at March Term, 1914, of Foe-syth. This is an action to recover the value of certain services rendered by the plaintiff to the intestate of the defendant. During the progress of the trial the wife of the plaintiff was permitted to testify, over the objection of the defendant, that the defendant’s intestate agreed with the plaintiff to pay for the services, and that payment was not to be made' until after death. The defendant excepted.
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Appeal by defendant from Devin, J., at March Term, 1914, of Foe-syth. This is an action to recover the value of certain services rendered by the plaintiff to the intestate of the defendant. During the progress of the trial the wife of the plaintiff was permitted to testify, over the objection of the defendant, that the defendant’s intestate agreed with the plaintiff to pay for the services, and that payment was not to be made' until after death. The defendant excepted. The defendant requested his Honor to charge the jury that the plaintiff could not recover for services rendered more than…
1Opinion of the CourtAlleN, J.
The evidence of the wife as to the contract between the plaintiff and the intestate of the defendant was objected to under section 1631 of the Eevisal, upon the ground that, while not a party to the action, she was interested in the result.
The language of the statute is, “interested in the event,” and this is held in Jones v. Emory, 115 N. C., 163, and in Sutton v. Walters, 118 N. C., 495, to mean a “direct, legal, or pecuniary interest.” In this sense the wife had no interest, as upon a recovery by the plaintiff no right growing out of the married relationship would attach to the money…
2Cases cited6 opinions
- Miller v. . LashSupreme Court of North Carolina · 1881
- Freeman v. . BrownSupreme Court of North Carolina · 1909
- Linebarger v. Linebarger.Supreme Court of North Carolina · 1906
- Sutton v. . WaltersSupreme Court of North Carolina · 1896
- Hall v. HollomanSupreme Court of North Carolina · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Showalter v. SpangleWashington Supreme Court · 1916
- Brown v. . WilliamsSupreme Court of North Carolina · 1928
- Mutual Life Insurance v. Leaksville Woolen MillsSupreme Court of North Carolina · 1916
- Allen v. . AllenSupreme Court of North Carolina · 1938
- Price v. . AskinsSupreme Court of North Carolina · 1937
21 more not listed; retrieve them via the Exa API.