Flynt v. . Bodenhamer
Supreme Court of North Carolina
Civil Action tried at.Spring Term, 1878, of Foksyth Superior court, before Buxton, J. The action was brought to recover the amount of a note executed by defendant to plaintiff’s intestate. The plaintiff alleged that defendant had improperly obtained possession of the note from his intestate a few days' before his death, when he was in such mental condition as incapacitated him for business.
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Civil Action tried at.Spring Term, 1878, of Foksyth Superior court, before Buxton, J. The action was brought to recover the amount of a note executed by defendant to plaintiff’s intestate. The plaintiff alleged that defendant had improperly obtained possession of the note from his intestate a few days' before his death, when he was in such mental condition as incapacitated him for business. The defendant resisted a recovery on the ground that he had agreed to take care of plaintiff’s intestate while he lived, and in consideration thereof the intestate surrendered the note. The opinion…
1Opinion of the CourtSiiiTi-i, C. J.
The merits of the case are involved in a single enquiry submitted to the jury: “ Did the defendant by fraud or undue influence wrongfully obtain from the plaintiff’s intestate the note sued on ? And to this the jury responded in the affirmative.
During the trial many witnesses were examined as to the mental condition and capacity of the intestate, two of whom were present when the alleged surrender was made, and testified that the intestate fully understood what he was doing. Doctor Beverly Jones, introduced by the plaintiff, testified that he was a regular practicing physician of thirty years…
2Cases cited1 opinion
- State v. . OwenSupreme Court of North Carolina · 1875
3Cited by29 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- State v. Wilcox.Supreme Court of North Carolina · 1903
- State v. . SmoakSupreme Court of North Carolina · 1938
- Summerlin v. Carolina & North-Western RailroadSupreme Court of North Carolina · 1903
- State v. . ByersSupreme Court of North Carolina · 1888
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