Sikes v. . Parker
Supreme Court of North Carolina
Civil ACTION, tried before MacPae, Judge, at Fall Term, 1885, of BladeN Superior Court. The plaintiff alleged that he and the intestate of the defendant, in 1871, entered into a copartnership in the general mercantile business, to be carried on in the name of the intestate; that such business was so conducted for several years, until the death of the intestate, when the defendaut took into his possession all of the partnership assets, and refused to account with him…
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Civil ACTION, tried before MacPae, Judge, at Fall Term, 1885, of BladeN Superior Court. The plaintiff alleged that he and the intestate of the defendant, in 1871, entered into a copartnership in the general mercantile business, to be carried on in the name of the intestate; that such business was so conducted for several years, until the death of the intestate, when the defendaut took into his possession all of the partnership assets, and refused to account with him therefor. The defendant answered that lie had “ no knowledge or information sufficient to form a belief as to the truth of these…
1Opinion of the Court
Mérrimos, J.
The plaintiff was examined on the trial as a witness in his own behalf. In the very nature of the matter in respect to which the question embraced by both the exceptions were propounded, he would, in any answer he might make to them, unless he should answer in the negative, almost necessarily have to testify concerning a personal transaction or communication between himself and the intestate of the defendant. This he could not do, as the defendant was not examined. The Code, §590. The fact to be proven was that of a partnership between the plaintiff and the intestate.
Ordinarily,…
2Cases cited5 opinions
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- Simmons v. . MannSupreme Court of North Carolina · 1885
- Lockhart v. . BellSupreme Court of North Carolina · 1884
- Shehan v. John Malone & Co.Supreme Court of North Carolina · 1875
- Henry v. . SmithSupreme Court of North Carolina · 1878
3Cited by13 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- State v. CaseySupreme Court of North Carolina · 1931
- Black v. . BlackSupreme Court of North Carolina · 1892
- Cox v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1899
- Armfield v. . ColvertSupreme Court of North Carolina · 1889
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