Peebles v. . Stanley
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1877, of NorthamptoN Superior Court, before Buxton, J. This action was brought ©n a bond under seal purporting to have been executed by one John S. Harris as principal aucl the defendant’s testator, John Stanley as surety. The defendant denied the execution of the bond by his testatoi;. The plaintiff then' introduced said Harris as a witness who testified that Stanley did execute the bond. The defendant objected to this evidence.
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Civil Action tried at Spring Term, 1877, of NorthamptoN Superior Court, before Buxton, J. This action was brought ©n a bond under seal purporting to have been executed by one John S. Harris as principal aucl the defendant’s testator, John Stanley as surety. The defendant denied the execution of the bond by his testatoi;. The plaintiff then' introduced said Harris as a witness who testified that Stanley did execute the bond. The defendant objected to this evidence. Objection overruled. Verdict and judgment for plaintiff. Appeal by defendant.
1Opinion of the CourtRodman, J.
The only question is, was Harris, the principal in the note sued on, a competent witness to prove its execution by John Stanley, who appeared to be a co-obligor, and who at the time of the trial was deceased. It depends on 0. CL P. § 343. He was certainly offered to prove a transaction with a person deceased and he v-as not a party to the .-action. At the time of the trial (having been discharged as .a bankrupt) he had no interest in the event of the action. So the general question is reduced to this: — Had he ever had an interest in the event ,of the action which but for his bankruptcy would…
2Cases cited2 opinions
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- Mason v. . McCormickSupreme Court of North Carolina · 1879
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- Thompson v. . HumphreySupreme Court of North Carolina · 1880