Maxwell v. . McIver
Supreme Court of North Carolina
This was a civil action for a money demand and foreclosure of a mortgage deed, tried before Bryan, J., and a jury, at the August Term, 1893, of Duplin Superior Court. The note declared on is in the following words and figures, viz.: “On or before the first day of November, 1886, I promise to pay J. Flavius Maxwell, or bearer, the sum of seventy-six dollars and thirty cents ($76.30), for value received of him, with interest at 8 per cent, per annum from date.
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This was a civil action for a money demand and foreclosure of a mortgage deed, tried before Bryan, J., and a jury, at the August Term, 1893, of Duplin Superior Court. The note declared on is in the following words and figures, viz.: “On or before the first day of November, 1886, I promise to pay J. Flavius Maxwell, or bearer, the sum of seventy-six dollars and thirty cents ($76.30), for value received of him, with interest at 8 per cent, per annum from date. This February 1, 1886. his Henry X McIver. mark. Test: John 0. Bryan.” And on this note the following endorsement is made, viz.: “…
1Opinion of the Court
MacRae, J.:
The pleadings disclose that an issue of fraud was raised, which ought to have been presented to the jury; but it does not appear that any such issue was tendered by defendant’s counsel, and no exception was taken to the issues submitted. In Kidder v. McIlhenny, 81 N. C., 123, it was insisted by the defendant that the issues passed on did not dispose of the matters in controversy in the pleadings, and that there should have been, and should now be, a further issue passed on, involving the validity of the mortgage as against the feme defendant, and the objection is thus disposed of…
2Cases cited3 opinions
- Kidder v. . McIlhennySupreme Court of North Carolina · 1879
- Walker v. . ScottSupreme Court of North Carolina · 1890
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
3Cited by7 opinions
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- Piedmont Wagon Co. v. ByrdSupreme Court of North Carolina · 1896
- Wallace v. BellamySupreme Court of North Carolina · 1930
- Wallace v. . BellamySupreme Court of North Carolina · 1930
- Drennan v. . WilkesSupreme Court of North Carolina · 1920
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