Ligon v. . Dunn
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Wake County, at the Fall Term, 1845, his Honor Judge Settle presiding. This was an action of debt on a single bond, in which the defendant relied on the plea of payment. There was a verdict for the defendant, on which, judgment was pronounced, and the plaintiff appealed.
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Appeal from the Superior Court of Law of Wake County, at the Fall Term, 1845, his Honor Judge Settle presiding. This was an action of debt on a single bond, in which the defendant relied on the plea of payment. There was a verdict for the defendant, on which, judgment was pronounced, and the plaintiff appealed. The case is presented by tlie following bill of exceptions : Be it remembered, that, on the trial of the issues between the parties aforesaid, before the Honorable Thomas Settle, Judge as aforesaid, the plaintiff produced, proved and gave in evidence, a writing, obligatory of the…
1Opinion of the CourtNash, J.
Wo concur with his Honor on all the points, to which the plaintiff has excepted. Allen Dunn was a competent witness. Although5’an obligor to the bond, on which the action is brought, yet he is no party to this suit. If the plaintiff fail, it leaves him still open to his action, and if he succeeds, he might be liable to the defendant, either for contribution or for costs. But the release removes that difficulty, and renders him a competent witness, being entirely without any interest in the matter, except his responsibility to the plaintiff. This point is. directly decided in the case of…
2Cited by2 opinions
- Citizens Bank & Trust Co. v. KnoxSupreme Court of North Carolina · 1924
- Moffitt v. . GainesSupreme Court of North Carolina · 1840