Ducker v. . Whitson
Supreme Court of North Carolina
Civil actiox, tried before Bynum, J., and a jury, at August Term, 1892, of BUNCOMBE Superior Court. It was brought by the payee of a note (the feme plaintiff) and her husband against the defendant administrator of AY. R. Murray, deceased, father of feme plaintiff. The note sued on was as follows: “ One day after date I promise to pay to the order of Marcella Murray three hundred and thirty-three -j-3^ dollars, value received, this September 10, 1889. “(Signed) W. R. Murray.
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Civil actiox, tried before Bynum, J., and a jury, at August Term, 1892, of BUNCOMBE Superior Court. It was brought by the payee of a note (the feme plaintiff) and her husband against the defendant administrator of AY. R. Murray, deceased, father of feme plaintiff. The note sued on was as follows: “ One day after date I promise to pay to the order of Marcella Murray three hundred and thirty-three -j-3^ dollars, value received, this September 10, 1889. “(Signed) W. R. Murray. (Seal.) “Witness — M. E. Carter.” The defendant denied the execution of the note by his intestate, and for second cause-…
1Opinion of the Court
MacRae, J.:
The first exception is to the refusal of his Honor to submit the issues tendered by defendant and the ■submission of those tendered by the plaintiffs.
There is no substantial difference in the first and second issues tendered on each side. While the answer denies the execution of the note sued on, the real defence is that set up in the second defence which, admitting the manual signing and sealing of the note or bond, avers the execution at the same time of a separate paper which constitutes part of the transaction; the want of consideration, the fact that the two papers constitute…
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