Sumner v. . Candler
Supreme Court of North Carolina
This was a civil action, tried before Craves, Judge, at Spring Term, 1885, of Buncombe Superior Court. The action was brought to recover from the defendant, the amount of certain claims against the State of North Carolina, drawn on the Treasury of the State, which the defendant drew from the said treasury, to the use of the plaintiff. The defendant relied upon the plea of accord and satisfaction.
Read the full summary
This was a civil action, tried before Craves, Judge, at Spring Term, 1885, of Buncombe Superior Court. The action was brought to recover from the defendant, the amount of certain claims against the State of North Carolina, drawn on the Treasury of the State, which the defendant drew from the said treasury, to the use of the plaintiff. The defendant relied upon the plea of accord and satisfaction. On the trial the plaintiff introduced himself as a witness and testified as follows : “ I went over to Stephens’ mill with my father and passed the mill, going towards Candler’s house, and met him on…
1Opinion of the CourtAshe, J.
(after stating the facts). The first exception taken by the defendant was to His Honor’s refusal to allow the testimony of the defendant, as to the reason why nothing was said when he- and the plaintiff’s intestate met near the mill. There was no error in the ruling of His Honor in that respect. He told the witness, he might testify as to the transaction or communication with the deceased. The fact that the witness did not proceed to testify, was evidence -that what he proposed to say was not about tlie transaction or communication that was testified to by the plaintiff, and besides it is a…
2Cases cited2 opinions
- Knight v. . KillebrewSupreme Court of North Carolina · 1882
- Bland v. . O'HaganSupreme Court of North Carolina · 1870
3Cited by23 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Powell v. StricklandSupreme Court of North Carolina · 1913
- Sprinkle v. PonderSupreme Court of North Carolina · 1951
- Powell v. . StricklandSupreme Court of North Carolina · 1913
- State v. LaneSupreme Court of North Carolina · 1914
18 more not listed; retrieve them via the Exa API.