Legal Opinion

Hussey v. . Kirkman

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 21 opinions

Civil ACTION, tried before Gilmer, Judge, at December Term, 1885, of the Superior Court of Guilford. The plaintiff’s action, begun on April 8th, 1884, before a Justice of the Peace, was, as described in the summons, upon a debt of $54.50, with interest from June, 1875, and his complaint upon the trial was upon a promissory note, alleged to have been lost, of like sum and interest, subject to a credit of ninety cents.

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Civil ACTION, tried before Gilmer, Judge, at December Term, 1885, of the Superior Court of Guilford. The plaintiff’s action, begun on April 8th, 1884, before a Justice of the Peace, was, as described in the summons, upon a debt of $54.50, with interest from June, 1875, and his complaint upon the trial was upon a promissory note, alleged to have been lost, of like sum and interest, subject to a credit of ninety cents. The defendant denied the plaintiff’s allegations and set up also a defence arising under the Statute of Limitation. Judgment was rendered against the defendant, and he appealed…

1Opinion of the Court

Smith, C. J.,

(after stating the facts). It will be perceived, that while the plaintiff was allowed to testify to the handwriting of the defendant’s intestate in the signature and seal in the note, under the ruling in Peebles v. Maxwell, 64 N C., 313, and in Rush v. Steed, 91 N. C., 226, yet he was not permitted to '■'speak of the contents of the instrument, by reason of the interdict of The Code, §590, because it was -written by the intestate.

The giving of the note in its entirety was, undoubtedly, a transaction between the plaintiff and intestate, as much the signing and sealing as any other…

2Cases cited4 opinions

  1. Faison v. . Bowden, Ex'r.Supreme Court of North Carolina · 1875
  2. Kirby v. . MillsSupreme Court of North Carolina · 1878
  3. Rush v. . SteedSupreme Court of North Carolina · 1884
  4. Parker v. . ShufordSupreme Court of North Carolina · 1877

3Cited by21 opinions

  1. McEwan v. BrownSupreme Court of North Carolina · 1918
  2. McGowan v. BeachSupreme Court of North Carolina · 1955
  3. Burrell v. . HughesSupreme Court of North Carolina · 1895
  4. Nunnery v. . AverittSupreme Court of North Carolina · 1892
  5. McEwan v. . BrownSupreme Court of North Carolina · 1918

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