Johnson v. . Townsend
Supreme Court of North Carolina
Civil aotion, tried at April Special Term, 1895, of RobesoN Superior Court, before Brown, J., and a jury. There was a verdict for the plaintiffs, and defendant appealed, assigning as error the exclusion of the testimony referred to in the opinion of Associate Justice MONTGOMERY.
1Opinion of the Court
Montgomery, J.:
This action was commenced by Margaret Johnson, administratrix of D. A. Johnson, deceased, and Margaret Johnson and Mary Johnson, sisters of the deceased, to recover an amount alleged to be due on a promissory note in the sum of $1250, executed by the defendant to the intestate and his sister, the plaintiffs. The defendant admitted the execution of the note but averred that it was void and of no effect in law because it was executed under a covinous agreement between himself and the payees to enable them to defeat and defraud the creditors of the payees. The defendant on the…
2Cases cited2 opinions
- Comstock v. . HierNew York Court of Appeals · 1878
- Peacock v. . StottSupreme Court of North Carolina · 1884
3Cited by12 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- In Re PetersonSupreme Court of North Carolina · 1904
- Homewood Dairy Products Co. v. RobinsonSupreme Court of Alabama · 1950
- State Ex Rel. Wilder v. MedlinSupreme Court of North Carolina · 1939
- Hall v. HollomanSupreme Court of North Carolina · 1904
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