Legal Opinion

McRae v. . Malloy

Supreme Court of North Carolina

Decided October 5, 1885PublishedCited by 25 opinions

Evidence — Exception— Witness— Opinion — Surprise. This was a civil ACTION tried before MaeRae, Judge, at Special Term, 1885, of Eichmojstd Superior Court. There was judgment for the defendant, from which the plaintiff appealed.

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Evidence — Exception— Witness— Opinion — Surprise. This was a civil ACTION tried before MaeRae, Judge, at Special Term, 1885, of Eichmojstd Superior Court. There was judgment for the defendant, from which the plaintiff appealed. The defendant, who had been guardian to Alexander Malloy during his minority, and held a large trust estate in his hands, some years after his ward arrived at full age executed to him the following instrument in writing and under seal: State oe North CaroliNa, 1 Eichmond County. j Eor and in consideration of paying and discharging the balance due Alexander Malloy, of…

1Opinion of the CourtSmith, C. J.

(after stating the facts). The exceptions to be considered are to the rulings of the Court upon questions of evidence, to the refusal of instructions asked, and to such as were given to the jury.

The execution of the contract being admitted and the burden in impeaching its validity thus devolving,on the defendant, he was first examined as a witness on his own behalf, and testified in regard to the circumstances attending the making of the contract thus:

The contract was signed at Alex. Malloy’s house — Messrs. Shaw, McNeill, Morgan and myself being present. Messrs. Shaw’ and McNeill are lawyers…

2Cases cited5 opinions

  1. Bost v. . BostSupreme Court of North Carolina · 1882
  2. Barnhardt v. . SmithSupreme Court of North Carolina · 1882
  3. Horah v. . KnoxSupreme Court of North Carolina · 1882
  4. Lockhart v. . BellSupreme Court of North Carolina · 1884
  5. Barker v. . PopeSupreme Court of North Carolina · 1884

3Cited by25 opinions

  1. State v. WadeSupreme Court of North Carolina · 1979
  2. In Re Will of CravenSupreme Court of North Carolina · 1915
  3. Hodges v. WilsonSupreme Court of North Carolina · 1914
  4. In Re HintonSupreme Court of North Carolina · 1920
  5. State v. PearceSupreme Court of North Carolina · 1979

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