Thompson v. Onley
Supreme Court of North Carolina
The orders and judgment from which defendant appealed were made by Gudger, Judge, at Chambers, on the Spring-Circuit, 1886, of the First District. The issues joined upon the pleadings were tried before Shipp, Judge, and a jury, at. Fall Term, 1886, of Pasquotank Superior Court. From the verdict and judgment then rendered the plaintiff appealed.
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The orders and judgment from which defendant appealed were made by Gudger, Judge, at Chambers, on the Spring-Circuit, 1886, of the First District. The issues joined upon the pleadings were tried before Shipp, Judge, and a jury, at. Fall Term, 1886, of Pasquotank Superior Court. From the verdict and judgment then rendered the plaintiff appealed. The appeals were docketed and argued separately, and the opinions were filed separately, but for convenience of reference they are reported under one title. plaintiff's appeal. The action was prosecuted by the plaintiff as administrator of Joshua Lowe,…
1Opinion of the Court
Smith, C. J.,
(after stating the case):
PLAINTIFF'S APPEAL.
The instruction complained of is in entire accord with the law as declared in Holly v. Holly, 94 N. C., 670.
The appellant’s counsel suggests that the defendant’s testimony necessarily involves a. transaction with the intestate’s payee, since by his act alone could the property in the note be divested so as to pass to another; and hence it comes within the inhibition of §590 of The Code.
To this objection the answer is obvious and direct.
I. No exception; to the admission of the testimony was taken.
II. It cannot be seen that .the only…
2Cases cited3 opinions
- Lockhart v. . BellSupreme Court of North Carolina · 1884
- Holly v. . HollySupreme Court of North Carolina · 1886
- Sikes v. . ParkerSupreme Court of North Carolina · 1886
3Cited by10 opinions
- Jones v. WaldroupSupreme Court of North Carolina · 1940
- Edwards v. WagnerCalifornia Supreme Court · 1898
- Delozier v. . BirdSupreme Court of North Carolina · 1898
- Fesmire v. FIRST UNION NATIONAL BANK OF NCSupreme Court of North Carolina · 1966
- Bristol v. . PearsonSupreme Court of North Carolina · 1891
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