Bright v. . Marcom
Supreme Court of North Carolina
Civil actioN on a note executed by S. J. Nichols and Selina Nichols, tried before Boykin, J., and a jury at October Term, 1896, of Waicje Superior Court on appeal from a judgment of a Justice of the Peace.
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Civil actioN on a note executed by S. J. Nichols and Selina Nichols, tried before Boykin, J., and a jury at October Term, 1896, of Waicje Superior Court on appeal from a judgment of a Justice of the Peace. The plaintiff was introduced as a witness in his own behalf and offered to testify that he saw Guy Taylor, the alleged witness to the note, make his mark in his name under the word “witness” upon the note in the presence of the maker of the note (both of whom are dead) at the time the note purports to have been executed, the said witness — Guy Taylor — having also since died. The defendants…
1Opinion of the Court
Clark, J.:
When an action is brought by the payee upon the promissory note of a deceased maker, the plaintiff is competent to prove the handwriting of the deceased (Peoples v. Maxwell, 64 N. C., 813; Rush v. Steed, 91 N. C., 226; Ferebee v. Pritchard, 112 N. C., 83; Sawyer v. Grandy, 113 N. C., 42; Summer v. Candler, 86 N. C., 71; Hussey v. Kirkman, 95 N. C., 63; Buie v. Scott, 107 N. C., 181,) because knowledge by the witness of the handwriting of the deceased is no part of the transaction between them, but the same cases hold that the payee would be incompetent to prove that he saw the…
2Cases cited12 opinions
- Hussey v. . KirkmanSupreme Court of North Carolina · 1886
- Sawyer v. . GrandySupreme Court of North Carolina · 1893
- Ferebee v. . PritchardSupreme Court of North Carolina · 1893
- Ballard v. . BallardSupreme Court of North Carolina · 1876
- Howell v. . RaySupreme Court of North Carolina · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Wilder v. MedlinSupreme Court of North Carolina · 1939
- Johnson v. Cameron.Supreme Court of North Carolina · 1904
- In Re Will of MannSupreme Court of North Carolina · 1926
- Harrison v. WinsteadSupreme Court of North Carolina · 1959
- Brown v. . AdamsSupreme Court of North Carolina · 1917
1 more not listed; retrieve them via the Exa API.