Young v. Alford
Supreme Court of North Carolina
Civil ACTION, tried at April Term, 1893, of Franklin' Superior Court, before Shuford, J., upon three bonds for money alleged to be due the plaintiff, aggregating $1,067. There were various credits on t|ie bonds, but only one within ten years before suit brought, and that for twenty-five cents endorsed upon each. The defendant admitted the execution of the bonds by his intestate, but denied the credits and the dates thereof as alleged.
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Civil ACTION, tried at April Term, 1893, of Franklin' Superior Court, before Shuford, J., upon three bonds for money alleged to be due the plaintiff, aggregating $1,067. There were various credits on t|ie bonds, but only one within ten years before suit brought, and that for twenty-five cents endorsed upon each. The defendant admitted the execution of the bonds by his intestate, but denied the credits and the dates thereof as alleged. A concise and sufficiently explicit statement of the plaintiff’s testimony is contained in the opinion of Associate Justice Clark. There was a verdict for the…
1Opinion of the Court
Clark, J.:
The evidence adduced by plaintiff to prove a payment was not sufficient to go' to the jury, and it was error to refuse the defendant’s ninth prayer for instruction to that effect. According to that evidence — putting out of view the defendant’s testimony — the plaintiff, some years after the bonds were barred by the lapse of time, got a quart of brandy *132of the defendant’s intestate and offered to pa}' him for it, but he said: “No, he owed her; let that go on, as he already owed her more than he could ever pay.” There was no price named for the brandy, no request to apply its value to…
2Cases cited4 opinions
- Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
- State National Bank v. HarrisSupreme Court of North Carolina · 1887
- White v. BeamanSupreme Court of North Carolina · 1887
- Locke v. . AndresSupreme Court of North Carolina · 1846
3Cited by4 opinions
- Young v. . AlfordSupreme Court of North Carolina · 1896
- Rodgers v. RobsonMichigan Supreme Court · 1907
- Sanders v. HamiltonSupreme Court of North Carolina · 1951
- State v. . GraySupreme Court of North Carolina · 1943