Allison, Administrators v. . Norwood
Supreme Court of North Carolina
This was an action of debt upon a promissory note of the defendant for two hundred dollars, due twelve months after date, and dated 4th October, 1838. Pleas — general issue — fraud— want of. consideration in the note — consideration against the policy of the law — statute of limitations.
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This was an action of debt upon a promissory note of the defendant for two hundred dollars, due twelve months after date, and dated 4th October, 1838. Pleas — general issue — fraud— want of. consideration in the note — consideration against the policy of the law — statute of limitations. On the trial, before his Honor Judge Manlt, at Mecklenburg, at Fall Term, 1851, a letter of the defendant, dated 11th November, 1843, was exhibited, which promised to pay the note declared on in the next year. There was no evidence of any renewal of this promise until after the death of the plaintiff’s…
1Opinion of the CourtBattle, J.
There is one ground of objection to the plaintiff’s action which is fatal to it, and which renders it altogether unnecessary for us to consider any other. The consideration for the note sued upon was the assignment by the plaintiff’s intestate to the defendant, of the apprentice Hugh McKimble. The facts of the assignment and the consideration for the note are shown by the deposition of the apprentice himself, and being independent facts, may well be proved by that testimony, no matter what may have been the contents of the written instrument given by the intestate to the defendant. We hold…
2Cases cited1 opinion
- Nickerson v. HowardNew York Supreme Court · 1821
3Cited by3 opinions
- Sharp, Admr. v. . FarmerSupreme Court of North Carolina · 1838
- Lamm v. CrumplerSupreme Court of North Carolina · 1951
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904