Ware v. . Nesbit
Supreme Court of North Carolina
Civil action, tried before McKoy, Judge, and a jury, at Fall Term, 1884, of the Superior Court of Rutherford county. The plaintiffs, on the 16th day of August, 1877, executed their two joint notes under seal, in the aggregate sum of $335, to the partnership firm of A. R. Nesbit & Bro., which consisted of the defendants A. R. Nesbit, W. B. Nesbit, and W. J. Friday, in renewal of an indebtedness, before contracted by the plaintiff A. B. Ware.
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Civil action, tried before McKoy, Judge, and a jury, at Fall Term, 1884, of the Superior Court of Rutherford county. The plaintiffs, on the 16th day of August, 1877, executed their two joint notes under seal, in the aggregate sum of $335, to the partnership firm of A. R. Nesbit & Bro., which consisted of the defendants A. R. Nesbit, W. B. Nesbit, and W. J. Friday, in renewal of an indebtedness, before contracted by the plaintiff A. B. Ware. At the same time, the plaintiff made a deed to the defendant Reuben McBrayer, conveying au undivided one-ninth interest, belonging to the feme plaintiff,…
1Opinion of the CourtSmith, C. J.
(after stating the facts). We reproduce so much of the testimony, as shows the pertinency and bearing of the evidence to which exception was taken. It is quite manifest that what transpired and was known to the feme plaintiff, was competent, in proof of the agencies which are alleged to have been instrumental in bringing about that state of mind, in which her volition and moral freedom were lost or impaired. The declarations offered, are not merely such in their narrative form, but essential facts before the feme, which led to acts, and which in elucidation of those acts, were entirely…
2Cases cited2 opinions
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- Spivey v. . RoseSupreme Court of North Carolina · 1897
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