Legal Opinion · Dissent

Jones v. . Winstead

Supreme Court of North Carolina

Decided November 28, 1923PublishedCited by 11 opinions

1DissentClark, C. J.

Defendants answered and alleged that the note sued on was given without any consideration. Second, that when same was given, the intestate was without sufficient mental capacity to execute it. On the trial, plaintiff proved the due execution of the note, in form as follows:

"April 14, 1919. One year after date, I promise to pay J. J. Jones the full and just sum of $4,000 for value received of him. Interest, five per cent. (Signed) J. W. Winstead."

Defendant offered testimony tending to show that at the time of the execution of the note the intestate was not of sufficient mental capacity to…

2Cases cited4 opinions

  1. Leaksville-Spray Institute v. MebaneSupreme Court of North Carolina · 1914
  2. Harper v. DavisCourt of Appeals of Maryland · 1911
  3. Piner v. . BrittainSupreme Court of North Carolina · 1914
  4. Hudson v. . HudsonSupreme Court of North Carolina · 1907

3Cited by11 opinions

  1. Penley v. PenleySupreme Court of North Carolina · 1985
  2. Exum v. LynchSupreme Court of North Carolina · 1924
  3. Exum v. . LynchSupreme Court of North Carolina · 1924
  4. Hunt v. . EureSupreme Court of North Carolina · 1924
  5. Estate of Graham v. MorrisonCourt of Appeals of North Carolina · 2003

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