Wilson Lumber & Milling Co. v. Atkinson
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at.November Term, 1912, of Caldwell. This action was brought to set aside, a compromise and settlement between the plaintiff and the defendant J. P. Rabb, made on 29 December, 1909. Plaintiff, during the years 1904, 1905, 1906, and 1907, was engaged in the lumber business, of which I. E. Atkinson, the other defendant, was its manager at Lenoir, N. C. The defendant Rabb cut, sold, and delivered to the plaintiff at Morganton and other points…
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Appeal by plaintiff from Lyon, J., at.November Term, 1912, of Caldwell. This action was brought to set aside, a compromise and settlement between the plaintiff and the defendant J. P. Rabb, made on 29 December, 1909. Plaintiff, during the years 1904, 1905, 1906, and 1907, was engaged in the lumber business, of which I. E. Atkinson, the other defendant, was its manager at Lenoir, N. C. The defendant Rabb cut, sold, and delivered to the plaintiff at Morganton and other points a large quantity of lj.im.ber, for which the plaintiff paid him from time to time. At the end of that period the books…
1Opinion of the Court
Walker, J.,
after stating tbe case: We have stated so much of tbe pleadings and evidence as is necessary to present clearly one of tbe exceptions of tbe plaintiff, which we think was properly taken and should be sustained. Evidence of tbe general character of tbe defendant, J. P. Rabb, was introduced, tbe witnesses testifying that it was good. He bad testified himself, at great length, as a witness in bis own behalf, and bad denied circumstantially tbe charge of. fraud macle against him. It was competent to prove bis good character .so far as necessary to sustain bis credibility as a witness,…
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