Bonner v. Stotesbury.
Supreme Court of North Carolina
ActxoN by Selby Bonner, Administrator of Mary E. Bonner, against C. A. Stotesbnry and 0. A. Stotesbnry, executor of R. B. Stotesbnry, heard by Judge 0. W. Ward and a jury, at the Spring • Term, 1905, of the Superior Court of Hyde County.
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ActxoN by Selby Bonner, Administrator of Mary E. Bonner, against C. A. Stotesbnry and 0. A. Stotesbnry, executor of R. B. Stotesbnry, heard by Judge 0. W. Ward and a jury, at the Spring • Term, 1905, of the Superior Court of Hyde County. Plaintiff alleges that his intestate deposited with one Benson a certain sum of money subject to her order and that from time to time Benson, on her demand, made payments to her, having at her death, in his hands, as her depositary, a balance of $260. That soon after her death, and presumably in September, 1898, defendant C. A. Stotesbury, received said money…
1Opinion of the Court
Walker, J.,
after stating the case: It was admitted here that the court excluded the testimony of the witness, Benson, as being incompetent under section 590 of The Code. In this we think there was error. Benson was not asked to testify against the representative or assignee of a dead person as to any transaction or communication between himself and the person deceased, but in favor of such a representative, and the transaction between him and Stotesbury was of course confined to living persons. The proposed testimony, as to the transactions between him and Mrs. Bonner, was offered by the…
2Cases cited8 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- McCanless v. ReynoldsSupreme Court of North Carolina · 1876
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