Bank of Union v. Stack
Supreme Court of North Carolina
Appeal by defendants from Lane, J., at tbe August Term, 1919, of UNION. This is an action on a note for $540.75, executed by L. S. Small as principal, and tbe defendant, S. N. Stack, as surety. Tbe execution of tbe note was admitted, but tbe defendant alleged tbat tbe delivery of tbe note was conditional. Small, tbe principal in tbe note, was indebted to S. L. McManus in tbe sum of about $1,100, secured by a chattel mortgage.
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Appeal by defendants from Lane, J., at tbe August Term, 1919, of UNION. This is an action on a note for $540.75, executed by L. S. Small as principal, and tbe defendant, S. N. Stack, as surety. Tbe execution of tbe note was admitted, but tbe defendant alleged tbat tbe delivery of tbe note was conditional. Small, tbe principal in tbe note, was indebted to S. L. McManus in tbe sum of about $1,100, secured by a chattel mortgage. McManus was about to foreclose bis mortgage, but upon Small requesting further indulgence, agreed that if be, Small, would pay $800 cash be would carry tbe balance…
1Opinion of the CourtAllen, J.
The relevancy of evidence is frequently difficult to determine, because men’s minds are so constituted that a circumstance which impresses one as having an important bearing on a controverted issue, appears to another to have no probative force.
All the authorities are agreed that if the evidence is merely conjectural or is remote, or has no tendency except to excite prejudice, it should be rejected, because the reception of such evidence would unduly prolong the trial of causes, and would probably confuse and mislead the jury, but it is not required that the evidence bear directly on the…
2Cited by20 opinions
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- State v. BranchSupreme Court of North Carolina · 1975
- State v. HillSupreme Court of North Carolina · 1997
- Star Manufacturing Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1942
- State v. MayhandSupreme Court of North Carolina · 1979
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