White v. Beaman
Supreme Court of North Carolina
Civil actioN, tried on appeal from a justice of the peace,, before Gilmer, Judge, and a jury, at February Term, 1886, of SahpsoN Superior Court. This action was brought by the plaintiff as administrator of James White, deceased, to recover the balance alleged to be due upon the single bond set forth below, which he alleges belonged to his intestate at the time of his death.
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Civil actioN, tried on appeal from a justice of the peace,, before Gilmer, Judge, and a jury, at February Term, 1886, of SahpsoN Superior Court. This action was brought by the plaintiff as administrator of James White, deceased, to recover the balance alleged to be due upon the single bond set forth below, which he alleges belonged to his intestate at the time of his death. The following is a copy of so much of the case stated on appeal, as it is necessary to set forth here: “ $209.99. One day after February the 3d, 1852,1 promise to pay Malcom Monroe, or order, two hundred and nine dollars…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). We think the evidence of the witness Campbell was competent, and while it was not, perhaps, sufficient of itself to rebut the presumption of the payment of the bond, yet it was properly received in connection with other evidence as tending to rebut it. This witness heard the conversation testified to by him about the time of the date of the entry of the credit of the whiskey, and this fact and the entry taken together, make some evidence to go to the jury to be considered in connection with the other evidence before them.
The objection to the competency…
2Cited by5 opinions
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