Smith v. . Haynes
Supreme Court of North Carolina
Civil Action tried on appeal at December Special Term, 1879, of Haywood Superior Court, before Graves, J. This action was commenced before a justice of the peace in the county of Haywood.
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Civil Action tried on appeal at December Special Term, 1879, of Haywood Superior Court, before Graves, J. This action was commenced before a justice of the peace in the county of Haywood. The plaintiff alleged in his complaint that he had paid the amount sued for, as surety for the defendant under the following state of facts: The-defendant requested the plaintiff to sign an accommodation, note for him to enable him to raise some money by selling the note to James-Parks; that he agreed to do s.o upon the defendant’s promising him that he should not be troubled about the matter, and never have…
1Opinion of the CourtAshe, J.
The only exception taken by the defendant.on -the trial was to the competency of the testimony of Russell and the plaintiff, who were offered on the part of the plaintiff, io show that the plaintiff had signed the note as surety and for the accommodation of the defendant. But His Plonor overruled the objection and allowed the evidence to ■be introduced. The defendant contends that the testimony <of the plaintiff had been made incompetent by the act of 1879, chapter 183, and that of the witness, Russell, was also -incompetent because it explained a written contract.
The testimony of both the…
2Cases cited2 opinions
- Mendenhall v. . DavisSupreme Court of North Carolina · 1875
- Thornton v. . Thornton and OthersSupreme Court of North Carolina · 1869
3Cited by2 opinions
- Jones v. . HenrySupreme Court of North Carolina · 1881
- Wharton v. . WoodburnSupreme Court of North Carolina · 1838