Cecil v. . Henderson
Supreme Court of North Carolina
Civil actioN,. tried at Spring Term, 18-96* of DAViDgdN Superior Oóür'L The facts appear in the opinion of Chief Justice FairC'loth. There was a verdict for' the.plaintiff, and defendant appealed from the judgniefrt thereóm .
1Opinion of the Court
FaiRcloth, C. J. :
Action on a note against defendant, as surety for one Loftin. Plea, Statute of Limitations.
The controversy on the trial was whether defendant had agreed with plaintiff not to rely on the Statute of Limitations. The evidence on that question, of plaintiff and defendant, was conflicting. On cross-examination the defendant was asked, for the purpose of impeaching the witness, if he had not plead the Statute of Limitations to various claims, specifying them. Objection by defendant overruled. Exception.
The plaintiff insists that the question is not prejudicial to the defendant,…
2Cases cited2 opinions
- Bost v. . BostSupreme Court of North Carolina · 1882
- Russell v. . HearneSupreme Court of North Carolina · 1893
3Cited by1 opinion
- Patterson v. . AllenSupreme Court of North Carolina · 1938