McRae v. . Malloy
Supreme Court of North Carolina
Orvih ACTION tried at January Term, 1883, of Richmond Superior Court, before Graves, J. The action is to enforce a contract executed by the defendant to the plaintiff's intestate in these words': “For'and in consideration of paying and discharging the balance due to Alexander Malloy, of whom I was guardian, 1 do hereby promise and agree to pay to said Alexander Malloy annually one-third of the net profits to be made at the factory of Malloy and Morgan during my life. • 8th…
Read the full summary
Orvih ACTION tried at January Term, 1883, of Richmond Superior Court, before Graves, J. The action is to enforce a contract executed by the defendant to the plaintiff's intestate in these words': “For'and in consideration of paying and discharging the balance due to Alexander Malloy, of whom I was guardian, 1 do hereby promise and agree to pay to said Alexander Malloy annually one-third of the net profits to be made at the factory of Malloy and Morgan during my life. • 8th March, 1878. C. Matjsoy, (Seal).” The defendant resists the action, and alleges that the contract was obtained by the…
1Opinion of the Court
Sumí, (,’. J.,
after stating t!ie above. The «¡uestion before ns and the only one we find it necessary to < «insider and decide, is this :
Can the living party, in an action brought by the personal representative of a deceased person to enforce a contract entered into between them, testify to conversations liad in the presence of the deceased with his agents or attorneys preliminary and conducive to the making of the contract, the agents or attorneys being still alive ?
The act improving the law of evidence confers a capacity, not possessed before, upon the parties to a suit, the right to…
2Cases cited1 opinion
- Halyburton v. DobsonSupreme Court of North Carolina · 1871
3Cited by5 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Hall v. HollomanSupreme Court of North Carolina · 1904
- Hall v. . HollomanSupreme Court of North Carolina · 1904
- Halyburton v. . DobsonSupreme Court of North Carolina · 1871
- Lockhart v. . BellSupreme Court of North Carolina · 1882