Brown v. . Kinsey
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1879, of JoNES Superior Court, before Seymour, J. The plaintiff assignee brought this action to recover the amount alleged to be due upon certain notes under seal, executed by Ivey King the defendant’s testator to one Wine-fred Hill who subsequently assigned them to the plaintiff.
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Civil ActioN tried at Spring Term, 1879, of JoNES Superior Court, before Seymour, J. The plaintiff assignee brought this action to recover the amount alleged to be due upon certain notes under seal, executed by Ivey King the defendant’s testator to one Wine-fred Hill who subsequently assigned them to the plaintiff. The payment was resisted by the executor upon the ground of immoral consideration, in that, the said Winefred was living in adultery with the testator for some years during his life and up to the time of his death; and that the plaintiff took the notes past due with notice that…
1Opinion of the CourtDillabd, J.
The case in the court below was four appeals from a justice’s court, founded on four bonds executed by the testator of the defendant on the 13th of September, 1872, to Winefred Hill, and assigned by her after due to the plaintiff. By order of the court the actions were consolidated, and the trial was had by a jury on the issue joined on the plea of immoral consideration, and the evidence relied on by the defendant being all in, His Honor being of opinion that the same was not such as reasonably to warrant a finding of the matter of avoidance pleaded, so held. Thereupon the verdict was for the…
2Cases cited3 opinions
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- Harrell, Administrator C. v. . Watson and OthersSupreme Court of North Carolina · 1869
- State v. . WallerSupreme Court of North Carolina · 1879
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- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Smith v. . SinkSupreme Court of North Carolina · 1937
- Lincoln v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1935
- Collins v. DavisCourt of Appeals of North Carolina · 1984
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