Legal Opinion

Williams v. Fowler Automobile Co.

Supreme Court of North Carolina

Decided October 31, 1934Published

1Per curiam

In tbe absence of any evidence at tbe trial of this action tending to show that plaintiff gave due notice to T. G. Hyman of tbe nonpayment of tbe notes which matured prior to bis death, and also of any evidence tending to show that plaintiff gave due notice to bis executrix of tbe nonpayment of tbe notes which matured after bis death, there was no error in the instructions of the court to the jury with respect to tbe 6th, 7th, and 8th issues. Tbe burden of showing such notice was on tbe plaintiff. Davis v. Royall, 204 N. C., 147, 167 S. E., 559; Exchange Co. v. Bonner, 180 N. C., 20, 103 S.…

2Cases cited5 opinions

  1. J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
  2. Saxby v. Southern Land Co.Supreme Court of Virginia · 1909
  3. Barber v. William Absher Co.Supreme Court of North Carolina · 1918
  4. Washington Horse Exchange Co. v. BonnerSupreme Court of North Carolina · 1920
  5. Davis v. . RoyallSupreme Court of North Carolina · 1933

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