Willey v. Gatling
Supreme Court of North Carolina
Civil ACTION, tried at the Spring Term, 1873, of the Superior Court of Gates county, before Watts, J. The facts, involved in this action, are thus stated and transmitted to this Court, by his Honor, as part of the record. 1 On the 10th oí August, 1858, one Jacob Alphin, being indebted to E. H. L. Bond in four notes of $1,100.06 each, of date January, 1856, to which John Boothe and John Alphin, (the testator of the defendants, John Alphin Costen Jordan,) were sureties; one oí…
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Civil ACTION, tried at the Spring Term, 1873, of the Superior Court of Gates county, before Watts, J. The facts, involved in this action, are thus stated and transmitted to this Court, by his Honor, as part of the record. 1 On the 10th oí August, 1858, one Jacob Alphin, being indebted to E. H. L. Bond in four notes of $1,100.06 each, of date January, 1856, to which John Boothe and John Alphin, (the testator of the defendants, John Alphin Costen Jordan,) were sureties; one oí which notes had a credit of $1,052 thereon endorsed ; and being further indebted to Jacob Hinton, the intestate of the…
1Opinion of the CourtBeads, J.
Among other defences set up in the answer are the following:
1. The plaintiff has no such interest in the note as entitled him to sue.
2. The note had been paid.
At Spring Term, 1873, of the Court below, the case was tried, and two issues were submitted to the jury;
1. ITas the plaintiff such an interest in the note as entitles him to sue ?
2. Has the note been paid ?
The j ury found both issues for the plaintiff; that he had such interest as entitles him to sue, and that the note had not been paid.
The first issue was not put to the jury in the best form; because it involves a question of law which…
2Cited by13 opinions
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- Abrams v. . CuretonSupreme Court of North Carolina · 1876
- Jackson v. Commissioners of Greene CountySupreme Court of North Carolina · 1877
- Martin v. . Mask.Supreme Court of North Carolina · 1912
- Union Trust Co. v. WilsonSupreme Court of North Carolina · 1921
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