Grandy v. . Ferebee
Supreme Court of North Carolina
Civil action, tried before Moore, J., at the August (Special) Term, 1872, of Granville Superior Court. The plaintiff, at Spring Term, 1867, of the Superior Court of Law of Granville county, sued the defendants in debt upon their bond for $1,396.86, of date 1st January, 1858, and payable to plaintiff or bearer.
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Civil action, tried before Moore, J., at the August (Special) Term, 1872, of Granville Superior Court. The plaintiff, at Spring Term, 1867, of the Superior Court of Law of Granville county, sued the defendants in debt upon their bond for $1,396.86, of date 1st January, 1858, and payable to plaintiff or bearer. At the return term of the writ, the defendants pleaded “ payment and set off,” and the cause was continued and regularly transferred and docketed in the new Superior Court. Upon the trial in the Court below, to sustain the plea of “ payment,” (the execution and delivery of the bond…
1Opinion of the CourtReads, J.
It is common learning that the declarations and acts of a third person are not evidence against a party, unless such third person be his agent. And it is equally well settled that the agency must be established otherwise than by such declarations and acts, before they are admissible. And it is also settled that just as the Court in all other cases must judge of the competency or admissibility of evidence, so in this case the Court must be satisfied that prima Jade the agency is proved before the declarations and acts can go to the jury. Monroe v. Stults, 9 Ired. 49; Williams v. Williamson, 6…
Also in this document: Per curiam.
2Cited by13 opinions
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- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Griffin v. Societe Anonyme la FloridienneSupreme Court of Florida · 1907
- Gilbert v. . JamesSupreme Court of North Carolina · 1882
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