Atkins v. . Withers
Supreme Court of North Carolina
Civil, action, tried before Avery, Judge, and a jury, at Spring Term, 1885, of the Superior Court of HaRNETT county. This action was upon a bond for payment of a sum of money, made by the feme defendant, then Virginia McNeill, since married to S. W. Withers, of the following tenor: ■$259.77. One day after date, I nromise to pay Dr. J. W. Atkins, or ■order, two hundred and fifty-nine dollars, for value received for the purchase money for a tract of land, known as the West…
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Civil, action, tried before Avery, Judge, and a jury, at Spring Term, 1885, of the Superior Court of HaRNETT county. This action was upon a bond for payment of a sum of money, made by the feme defendant, then Virginia McNeill, since married to S. W. Withers, of the following tenor: ■$259.77. One day after date, I nromise to pay Dr. J. W. Atkins, or ■order, two hundred and fifty-nine dollars, for value received for the purchase money for a tract of land, known as the West land, for a full description, see deed made from said Atkins to me, the above amount to bear interest from date of deed,…
1Opinion of the CourtAshe, J.
(after stating the facts). The defendant having abandoned his first exception, which was assigned as a ground for a new trial, we will consider the other grounds assigned in the order in which they were taken.
The first in order was, that His Honor refused the instructions asked, the first and second of which were, that if the jury should believe that the plaintiff was the confidential friend and adviser of the family, including the feme defendant, that any advantage taken of the defendant in any business transaction between the plaintiff and defendant, would constitute fraud; and secondly, if…
2Cited by13 opinions
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- Collier v. BryantCourt of Appeals of North Carolina · 2011
- Halle v. SummerfieldTennessee Supreme Court · 1956
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