Cartwright v. . Kerman
Supreme Court of North Carolina
This was an action, tried before Boykin, J., at February-Term, 1889, Beaufort Superior Court. The action was begun before a Justice of the Peace in-1888, on a joint bond signed by defendant and one Jordan,. June 10,-1867, for the sum of $90.50, and thence by appeal came to the Superior Court. At the trial in the Superior Court the execution of the bond was admitted.
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This was an action, tried before Boykin, J., at February-Term, 1889, Beaufort Superior Court. The action was begun before a Justice of the Peace in-1888, on a joint bond signed by defendant and one Jordan,. June 10,-1867, for the sum of $90.50, and thence by appeal came to the Superior Court. At the trial in the Superior Court the execution of the bond was admitted. The plaintiff introduced as witness one Simmons, who testified as to-sundry admissions of the defendant, which were relied on to rebut the presumption of payment. So much of his evidence as is material appears in the opinion. The…
1Opinion of the CourtClark, J.
after stating the facts: The defendant, who is alone sued, and who, by his admission, is the principal obligor, stated to the witness in 1881 or 1882, “that neither he nor Jordan (the surety) had paid the note,” and at the trial of this case before the Justice of the Peace he stated that he had made such admission to the witness, and that “the note had not been paid since.” The Court properly told the jury that, if they believed the evidence, the presumption of payment had been rebutted.
This case differs from Rogers v. Clements, 92 N. C., 81, and 98 N. C., 180, in that here it is not the…
2Cases cited2 opinions
- Rogers v. . ClementsSupreme Court of North Carolina · 1885
- Rogers v. . ClementsSupreme Court of North Carolina · 1887