Brown v. . Calloway
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1883, of Wilkes Superior Conrt, before Shipp, J. This action ivas commenced before a justice of the peace and brought by appeal to the superior court, to recover a balance alleged to be due on a note. The execution of the note was admitted and the defendant relied upon the plea of payment. The ease is stated in the opinion. Judgment for plaintiff; appeal by defendant.
1Opinion of the CourtMerriMON, J.
The record does not disclose any particular' exception taken by the appellant in the court below, and we are unable to discover any error therein that entitles him to a new trial.
His counsel insisted on the argument that the court, in its charge to the jury, made the case turn altogether upon the question of the genuineness of the receipt from the testator of the plaintiff to the defendant, put in evidence by the latter, whereas he insisted that there was evidence of the payment of the debt, apart from the receipt in question.
The defendant pleaded payment of the debt specified in the…
2Cases cited1 opinion
- Morgan v. . SmithSupreme Court of North Carolina · 1877
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