Heilig v. . Dumas
Supreme Court of North Carolina
This was an action of covenant, under the old mode of procedure, upon the following sealed instrument: “One day - after date, we, Angus Martin, Isham Dumas, and A. H. Saunders, as principals, and Parsons Harris and Thomas S. Cotton, as sureties, promise to pay Sarah Heileg, fifteen hundred dollars in gold coin, for value received.
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This was an action of covenant, under the old mode of procedure, upon the following sealed instrument: “One day - after date, we, Angus Martin, Isham Dumas, and A. H. Saunders, as principals, and Parsons Harris and Thomas S. Cotton, as sureties, promise to pay Sarah Heileg, fifteen hundred dollars in gold coin, for value received. July 25th, 1859. A. MARTIN, [Seal.] A. H. SANDERS, [Seal.] J. A. DUMAS, [Seal.] Credit of interest to T. S. COTTON, [Seal.] 20th July, 1861. Ps HARRIS, [Seal.”] No appearance was entered for any of the defendants, except Dumas, who entered the plea of non est…
1Opinion of the CourtSettle, J.
There was error in admitting the evidence that the defendant Dumas, and Martin, a co-obligor in the covenant sued upon, were strong personal friends.
It is the duty of the Court to protect juries from irrelevant and incompetent testimony. This circumstance, conceding it to be true, is too remote to throw any light upon the transaction under investigation, and could only serve to mislead and confuse the jury, as to the true matter of inquiry.
The fact of their being strong personal friends does not-tend to prove that Dumas executed the covenant sued upon, and furnishes no legal foundation for…
2Cited by9 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Marcom v. . AdamsSupreme Court of North Carolina · 1898
- Clements v. . RogersSupreme Court of North Carolina · 1886
- Norris v. Stewart's HeirsSupreme Court of North Carolina · 1890
- Wilson Lumber & Milling Co. v. AtkinsonSupreme Court of North Carolina · 1913
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