Overman v. . Clemmons
Supreme Court of North Carolina
This was an action of debt, upon a single bond, for the payment of the sum of five thousand dollars, and dated the 13th February, 1834. The defendant, among other pleas, pleaded “ non est factum,;” “ that the bond was obtained by fraudand specially, “ that the bond was given by James Clemmons, the defendant’s testator, to the plaintiff, in consideration of the plaintiff’s using his influence with Mrs. Esther Hargrave, to procure a marriage between the said James Clemmons,…
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This was an action of debt, upon a single bond, for the payment of the sum of five thousand dollars, and dated the 13th February, 1834. The defendant, among other pleas, pleaded “ non est factum,;” “ that the bond was obtained by fraudand specially, “ that the bond was given by James Clemmons, the defendant’s testator, to the plaintiff, in consideration of the plaintiff’s using his influence with Mrs. Esther Hargrave, to procure a marriage between the said James Clemmons, and the said Esther Hargrave.” Upon the issues joined, the case was tried at Caswell, on the last Circuit, before his…
1Opinion of the Court
Gaston, Judge.
We have somewhat doubted whether the questions which have been discussed in this case, arise upon the record. The defendant pleaded generally non est factum; and specially that the supposed writing obligatory was given to secure payment unto the plaintiff, of the sum of money therein mentioned, as a consideration for the plaintiff to use his influence to procure a marriage between the defendant’s testator and Esther Hargrave. To this plea the plaintiff replied generally, and thereupon an issue was also joined. Upon the tidal of these issues, evidence was offered tending to…
2Cases cited1 opinion
- F. J. Harrison & Co. v. SmithCourt of Appeals of Texas · 1884
3Cited by5 opinions
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- Riddle v. . RiddleSupreme Court of North Carolina · 1918
- Cameron v. . McFarlandSupreme Court of North Carolina · 1816