Hughes v. . McNider
Supreme Court of North Carolina
Civiii ACTION tried at Spring Term, 1883, of NORTHAMPTON Superior Court, before Philips, J. The suit was brought by Samuel Calvert, and after his death his executor, Hughes, was made party plaintiff. 1. The plaintiff alleged that the defendant, on the first of February, 1876, executed a bond in words and figures following: •“For value received I promise to pay Samuel Calvert, on or before the first day of January, 1879, the sum of four hundred •dollars, with interest at…
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Civiii ACTION tried at Spring Term, 1883, of NORTHAMPTON Superior Court, before Philips, J. The suit was brought by Samuel Calvert, and after his death his executor, Hughes, was made party plaintiff. 1. The plaintiff alleged that the defendant, on the first of February, 1876, executed a bond in words and figures following: •“For value received I promise to pay Samuel Calvert, on or before the first day of January, 1879, the sum of four hundred •dollars, with interest at eight per cent. V. S. McNider (Seal).” 2. That no part of the same has been paid except the sum of 'eighty dollars, credited…
1Opinion of the CourtSmith, C. J.
The case was by consent left to the court to be determined upon the facts presented in the pleadings, both parties declining to frame issues or introduce evidence, and each claiming that the burden of proof upon the defence relied on in the answer rested upon the other. The defendant contended that the replication was an admission of his equity with an allegation of matter in evidence which the plaintiff’ is required to show. The court being of opinion that the replication must be taken in entirety and not in part, gave judgment, for plaintiff, and the defendant appealed.'
We aye not required…
2Cases cited1 opinion
- Bell v. . CunninghamSupreme Court of North Carolina · 1879
3Cited by10 opinions
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- Bradtfeldt v. CookeOregon Supreme Court · 1895
- May v. Getty.Supreme Court of North Carolina · 1905
- Toler v. . FrenchSupreme Court of North Carolina · 1938
- Brown v. Elm City Lumber Co.Supreme Court of North Carolina · 1914
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