Melvin v. . Stevens
Supreme Court of North Carolina
Civil AotioN tried at Fall Term, 1880, of Bladen Superior Court, before Avery, J. The action was brought by the plaintiff to recover of the defendant administrator cum testy annex, of George W. Melvin and his surety, Duncan Cromartie, upon his administration bond, the amount of a decree which the plaintiff as administrator of Angus McLelland had recovered against the defendant administrator in the court of equity of Bladen county.
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Civil AotioN tried at Fall Term, 1880, of Bladen Superior Court, before Avery, J. The action was brought by the plaintiff to recover of the defendant administrator cum testy annex, of George W. Melvin and his surety, Duncan Cromartie, upon his administration bond, the amount of a decree which the plaintiff as administrator of Angus McLelland had recovered against the defendant administrator in the court of equity of Bladen county. The defendant relied upon the plea of payment, and only one issue involving that question was submitted to the jury. The defendant introduced Dr. Lewis as a witness…
1Opinion of the CourtAshe, J.
His Honor in the court below held that the receipt having been admitted to have been executed by the clerk and master, the presumption of law would be that the payment was made in good money, and while the plaintiff had the right to offer competent evidence to show that in fact the said payment was made in confederate money, proof that confederate currency was the currency generally circulating at the time, would not lend to show that the particular payment in question was made in confederate money, But assuming that there was such a presumption of law, it was a presumption that might be…
2Cases cited2 opinions
- Palmer v. LowSupreme Court of the United States · 1878
- Utley v. YoungSupreme Court of North Carolina · 1873