Howerton v. . Lattimer
Supreme Court of North Carolina
Civil action, tried at the Fall Term, 1872, of Rowan Superior Court, before Cloud, J. The following is, in substance, a statement of the case by ■counsel, and sent up with the transcript of the record.
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Civil action, tried at the Fall Term, 1872, of Rowan Superior Court, before Cloud, J. The following is, in substance, a statement of the case by ■counsel, and sent up with the transcript of the record. The action was brought to recover the value of board supplied to defendant and his clerk, from 12th January, 1859, to 18th March, 1860. On the trial below the account was admitted, but the defendant alleged that it had been settled by “ an accord and on satisfaction thereof, with one Thos. Howerton, as the only authorized agent of the plaintiff.” In support of this allegation the defendant…
1Opinion of the CourtRodman, J.
1. The first exception is, for the admission of the testimony of the defendant, as to his transactions with Thomas Howerton, a deceased agent of the plaintiff The words of the proviso, in sec. 343, of O. C. P. do not cover such a case. That says that no party shall be examined as to any transaction between him and a person deceased, “ as a witness against a party then prosecuting, or defending the action as executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such deceased person. The plaintiff is not prosecuting this action in any of those characters.…
Also in this document: Per curiam.
2Cited by6 opinions
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- Sprague v. BondSupreme Court of North Carolina · 1893
- Sprague v. . BondSupreme Court of North Carolina · 1893
- Morgan v. . BuntingSupreme Court of North Carolina · 1882
- Roberts v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
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