Legal Opinion

Quin v. . Sexton

Supreme Court of North Carolina

Decided December 12, 1899PublishedCited by 11 opinions

Civil ActioN upon a note under seal, tried before Brown, J., at Wake Superior Court, May Term, 1899. The execution of the note by the defendant was admitted. The plaintiff here rested his case. It was admitted that the contract was made in the State of Alabama; that plaintiff, Quin, was a citizen of, and defendant, Sexton, was temporarily residing in Alabama, at the time of the contract.

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Civil ActioN upon a note under seal, tried before Brown, J., at Wake Superior Court, May Term, 1899. The execution of the note by the defendant was admitted. The plaintiff here rested his case. It was admitted that the contract was made in the State of Alabama; that plaintiff, Quin, was a citizen of, and defendant, Sexton, was temporarily residing in Alabama, at the time of the contract. The defendant offered to testify in his own behalf, and was ashed to state any agreement or understanding that existed between himself and the plaintiff contemporaneously with the execution and delivery of…

1Opinion of the Court

Eueciies, «1.

Plaintiff alleges that on or about the 28th day of July, 1890, the defendant, being indebted to him in the sum of $1,641, executed to him his promissory note therefor; that said note was under seal, due twelve months after date, with interest from date; that plaintiff lives in Alabama, and- that this is an Alabama contract.

Defendant answered, admitting that he executed the note, and that it had not been paid; but sets up new matter in 'his answer as a defense to the plaintiff’s right of action, in which he says that, in fact, he was not owing the plaintiff anything when this note…

2Cases cited8 opinions

  1. Michael v. . FoilSupreme Court of North Carolina · 1888
  2. Braswell v. . PopeSupreme Court of North Carolina · 1880
  3. Sherrill v. . HaganSupreme Court of North Carolina · 1885
  4. Terry v. Danville, Mocksville & Southwestern RailroadSupreme Court of North Carolina · 1884
  5. Manning v. . JonesSupreme Court of North Carolina · 1853

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3Cited by11 opinions

  1. BORDEN, INCORPORATED v. BrowerSupreme Court of North Carolina · 1973
  2. National Bank v. WinslowSupreme Court of North Carolina · 1927
  3. Kindler v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933
  4. Stern v. BenbowSupreme Court of North Carolina · 1909
  5. Farrington v. . McNeillSupreme Court of North Carolina · 1917

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