Legal Opinion · Dissent

Mercantile National Bank v. Benbow

Supreme Court of North Carolina

Decided May 25, 1909PublishedCited by 5 opinions

ActioN tried before Murphy, J., and'a jury, at October Term, 1908, of Wilkes. These issues were submitted : 1. “Is the feme defendant indebted to the plaintiff? And if so, in what sum?” Answer: “Yes; indebted $163.20, with interest from maturity.” 2. “Were the acceptances sued on signed by the feme defendant by the written consent of her. husband?” Answer: “Yes.” 3. “Did the feme defendant own a separate personal estate at the time the acceptances were signed and suit…

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ActioN tried before Murphy, J., and'a jury, at October Term, 1908, of Wilkes. These issues were submitted : 1. “Is the feme defendant indebted to the plaintiff? And if so, in what sum?” Answer: “Yes; indebted $163.20, with interest from maturity.” 2. “Were the acceptances sued on signed by the feme defendant by the written consent of her. husband?” Answer: “Yes.” 3. “Did the feme defendant own a separate personal estate at the time the acceptances were signed and suit brought? And if so, how much?” Answer: “Yes; from six hundred to eight hundred "dollars.” 4. “Did the feme defendant own a…

1DissentClark, C. J.

These issues were submitted:

1. "Is the feme defendant indebted to the plaintiff? And if so, in what sum?" Answer: "Yes; indebted $163.20, with interest from maturity."

2. "Were the acceptances sued on signed by the feme defendant by the written consent of her husband?" Answer: "Yes."

3. "Did the feme defendant own a separate personal estate at the time the acceptances were signed and suit brought? And if so, how much?" Answer: "Yes; from six hundred to eight hundred dollars."

4. "Did the feme defendant own a separate personal estate at the time of the trial And if so, how much?" Answer: "Yes;…

2Cases cited3 opinions

  1. Pippen v. . WessonSupreme Court of North Carolina · 1876
  2. Harris v. . Jenkins, Public TreasurerSupreme Court of North Carolina · 1875
  3. Harvey v. . JohnsonSupreme Court of North Carolina · 1903

3Cited by5 opinions

  1. Jackson v. BeardSupreme Court of North Carolina · 1913
  2. Jackson v. . BeardSupreme Court of North Carolina · 1913
  3. Council v. . PridgenSupreme Court of North Carolina · 1910
  4. Sills v. BetheaSupreme Court of North Carolina · 1919
  5. Warren v. . DailSupreme Court of North Carolina · 1915

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