Aden v. . Doub
Supreme Court of North Carolina
Civil action, tried before Ferguson, J., and a jury, at March Term, 1907, of the Superior Court of EoRSyti-i County. Tbis is an action brought to recover the amount of $257.35 and interest, alleged to be due by a note given by the defendant to the plaintiff, as agent, for a policy in the Security Life and Annuity Company for the sum of $5,000. At the time of the execution of the note the parties entered into a collateral written agreement as a part of their contract, to the…
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Civil action, tried before Ferguson, J., and a jury, at March Term, 1907, of the Superior Court of EoRSyti-i County. Tbis is an action brought to recover the amount of $257.35 and interest, alleged to be due by a note given by the defendant to the plaintiff, as agent, for a policy in the Security Life and Annuity Company for the sum of $5,000. At the time of the execution of the note the parties entered into a collateral written agreement as a part of their contract, to the effect that the defendant should have one month after the date of the note to determine whether he would take the…
1Opinion of the Court
WaleeR, J.,
after stating the case: There is nothing in this case, unless we greatly misunderstand it, but an issue of fact. The jury have found that the note was given subject to the Avritten condition that 'the defendant might reject the policy within thirty days, upon due notice, which was given. The position taken by the plaintiff, that the evidence tended to contradict a written instrument, and, besides, a negotiable instrument, is clearly without any support in law. In the first- place, the written agreement was made at the very time the note was given, as a part of the same transaction,…
2Cases cited13 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- State v. . DegraffSupreme Court of North Carolina · 1893
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
- State v. . StarnesSupreme Court of North Carolina · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- State v. . CaseySupreme Court of North Carolina · 1931
- State v. CaseySupreme Court of North Carolina · 1931
- Brown v. Town of HillsboroSupreme Court of North Carolina · 1923
- Roebuck v. . CarsonSupreme Court of North Carolina · 1929
13 more not listed; retrieve them via the Exa API.