Benton v. . Toler
Supreme Court of North Carolina
Civil actioN, tried before Whitaker, J., at the August-Term, 1891, of the Superior Court ef JohnstoN County. The plaintiff alleged, in substance, that the defendant executed to his intestate four several bonds, set out in the complaint, amounting in the aggregate to $254.45, with interest from the date mentioned, and that at the death of his intestate said bonds were found among his valuable papers with no payments or credits endorsed on either of them, and he demanded…
Read the full summary
Civil actioN, tried before Whitaker, J., at the August-Term, 1891, of the Superior Court ef JohnstoN County. The plaintiff alleged, in substance, that the defendant executed to his intestate four several bonds, set out in the complaint, amounting in the aggregate to $254.45, with interest from the date mentioned, and that at the death of his intestate said bonds were found among his valuable papers with no payments or credits endorsed on either of them, and he demanded judgment for payment of said debt and interest. The defendant admitted the execution of the notes, but alleged that all,…
1Opinion of the Court
Davis, J.:
The burden of proof of payment was on the defendant, and his Honor instructed the jury that “they could not find any greater payment than $96.” If there was any evidence, in the most favorable view of it for the defendant, that more than $96 had been paid, it was a question for the jury, and not for the Court, to say how much had been paid.
It was in evidence that the intestate, the August before he died, sent word to the defendant to come to see him; that he, the defendant,, had about paid for his land and he wanted to cancel and give up to Toler his papers.
Fuller testified that…
2Cases cited1 opinion
- State v. . LockeSupreme Court of North Carolina · 1877
3Cited by2 opinions
- State v. . WindleySupreme Court of North Carolina · 1919
- State v. WindleySupreme Court of North Carolina · 1919