Legal Opinion

Kincaid v. . Graham

Supreme Court of North Carolina

Decided February 5, 1885PublishedCited by 6 opinions

Civil ACTION tried on appeal from a justice of the peace before McKoy, Judge, and a jury at Fall Term, 1884, of LINCOLN Superior Court. The defendant appealed.

1Opinion of the CourtAsiie, J.

This action was instituted before a justice of the peace on the 15th day of January, 1883, and tried before him. The plaintiff, before the justice, declared upon a note for one hundred dollars, dated February 16th, 1881, due ten months after date, and signed by one W. Prim as principal, and the defendant as his surety. Defendant claimed before the justice, that the said note was subject to a credit of fifty dollars which had not been paid thereon.

On the trial, the justice disallowed the credit of fifty dollars, and rendered judgment in behalf of the plaintiff for the amount of the note with…

2Cited by6 opinions

  1. Town of Zebulon v. DawsonSupreme Court of North Carolina · 1939
  2. Williams v. HughesSupreme Court of North Carolina · 1905
  3. Leduc v. . SlocombSupreme Court of North Carolina · 1899
  4. Williams v. . HughesSupreme Court of North Carolina · 1905
  5. Ritchie v. . RitchieSupreme Court of North Carolina · 1926

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