Braswell v. . Pope
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1879, of Edgecombe Superior Court, before Eure, J. It was admitted in the pleadings that the defendant held two notes against the plaintiff amounting to about eighteen hundred dollars, but the plaintiff in this action avers that he owes the defendant nothing, and brings this suit to recover an amount alleged to be due upon a parol agreement entered into between the parties and relating to the manner in which said notes were to be…
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Civil ActioN tried at Spring Term, 1879, of Edgecombe Superior Court, before Eure, J. It was admitted in the pleadings that the defendant held two notes against the plaintiff amounting to about eighteen hundred dollars, but the plaintiff in this action avers that he owes the defendant nothing, and brings this suit to recover an amount alleged to be due upon a parol agreement entered into between the parties and relating to the manner in which said notes were to be discharged. The evidence in regard to this agreement (set out in the opinion) was objected to on the ground that it contradicted…
1Opinion of the CourtDillakd, J.
In this action and another between the same parties with the names reversed, a trial by jury wus waived and by consent of parties the judge found the facts and decided the questions of law arising, with the right of appeal reserved as to any exceptions to the evidence, and as to His Honor’s conclusions of law, and with an agreement that the two actions should be heard together as if constituting but one case, and that the cause of action of the plaintiff in each case should be considered a counter-claim to the suit of the other.
At the trial the plaintiff, Braswell, in order to prove the the…
2Cases cited2 opinions
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Perry v. . HillSupreme Court of North Carolina · 1873
3Cited by30 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Basnight v. Southern Jobbing Co.Supreme Court of North Carolina · 1908
- Hite v. . AydlettSupreme Court of North Carolina · 1926
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