Williams v. . Cooper
Supreme Court of North Carolina
Civil ACTION to recover the amount of a note executed by the defendant to the. intestate of the plaintiff, tried before Bryan, J., and a jury, at August Term, 1893, of DupliN Superior Court,on appeal from a judgment of a Justice of the Peace. The plaintiff was a distributee of his intestate’s estate. On the trial plaintiff was allowed, under objection, to testify to the execution by the defendant of the note sued on.
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Civil ACTION to recover the amount of a note executed by the defendant to the. intestate of the plaintiff, tried before Bryan, J., and a jury, at August Term, 1893, of DupliN Superior Court,on appeal from a judgment of a Justice of the Peace. The plaintiff was a distributee of his intestate’s estate. On the trial plaintiff was allowed, under objection, to testify to the execution by the defendant of the note sued on. On cross-examination he testified that he knew of no payments made .on the note by defendant to the intestate. The defendant then offered himself as a wdtness, and proposed to…
1Opinion of the Court
Clark, J.:
The plaintiff, administrator and distributee of the payee, was competent to prove the execution of the bond by the defendant. The incompetency attaches only to the surviving party to the transaction. The Code, §590. The representative of the deceased can testify, if he so elect, under penalty of making the surviving party a competent witness to the same transaction. Thompson v. Humphrey, 83 N. C , 416. On cross-examination by the defendant, witness stated that he did not know of any payment made by the defendant. The witness’was not examined in his own behalf, except in regard to…
2Cases cited5 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Hughes v. . BooneSupreme Court of North Carolina · 1889
- Sumner v. . CandlerSupreme Court of North Carolina · 1885
- Burnett v. . SavageSupreme Court of North Carolina · 1885
- Kesler v. . MauneySupreme Court of North Carolina · 1883
3Cited by1 opinion
- Pulliam v. . HegeSupreme Court of North Carolina · 1926