Dobson v. . Chambers
Supreme Court of North Carolina
PbtxxioN to rehear heard at June Term, 1878, of The Supreme Court. The defendant asked that the case (as decided and reported in 78 N. C. 834) be reheard for the following reasons:— 1. That he is advised that the holding of the Court,— that the liability of John Brigman to the Miners and Planters bank upon his note to said bank was not discharged by the drafts of R. B. Yance, — is erroneous. 2. That one of the exceptions in the case was, — that there was no evidence to…
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PbtxxioN to rehear heard at June Term, 1878, of The Supreme Court. The defendant asked that the case (as decided and reported in 78 N. C. 834) be reheard for the following reasons:— 1. That he is advised that the holding of the Court,— that the liability of John Brigman to the Miners and Planters bank upon his note to said bank was not discharged by the drafts of R. B. Yance, — is erroneous. 2. That one of the exceptions in the case was, — that there was no evidence to support the verdict of the jury. One of the issues submitted to the jury and found in favor of plaintiff was, — “ did John…
1Opinion of the CourtSmith, C. J.
The petition asks us to reconsider an exception which it alleges was not passed on when the case was decided at the last term. The exception is this: There •was no evidence before the jury to warrant their finding that the plaintiff discharged the debt of the copartners, Brigman and Woodfin, at their instance, or at the instance ■of either upon any promise of repayment or indemnity.
It is true this exception was not specifically noticed •and overruled in the opinion then delivered, but it was not overlooked. The proof of the copartnership, and that it was a copartnership debt, exclusively…
2Cases cited1 opinion
- Dobson v. . ChambersSupreme Court of North Carolina · 1878