Cole v. . Fox
Supreme Court of North Carolina
Civil Action commenced before a justice of the ’peace and tried on appeal at Spring Term, 1880, of Chatham Superior court, before Seymour, J. The plaintiff declared upon a single bill of which the following is a copy, viz.; “One day after date we, or either of us, promise to pay diaries Cole the just sum of one hundred and thirty six dollars for value received of him, as witness our hands and seals. W. B. Doesett, [Seal.] March 2d, 1861. Jos.
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Civil Action commenced before a justice of the ’peace and tried on appeal at Spring Term, 1880, of Chatham Superior court, before Seymour, J. The plaintiff declared upon a single bill of which the following is a copy, viz.; “One day after date we, or either of us, promise to pay diaries Cole the just sum of one hundred and thirty six dollars for value received of him, as witness our hands and seals. W. B. Doesett, [Seal.] March 2d, 1861. Jos. J. Fox, [Seal.] It was in evidence that Jos. J. Fox was in fact only surety on said note, the money having been borrowed for Dorsett. The defendant,…
1Opinion of the CourtAshe, J.
The record presents but one question for our consideration, and that is whether it was competent to prove by parol evidence that the defendant was surety on the note sued upon. There was no other exception taken on the trial, and we must assume that the admission of this testimony was objected to when offered, or His Honor would have disposed of the rule for a new trial upon the ground that the objection was not made in apt time.
T’ii ere has been a contrariety of opinion expressed on this subject by the courts of the different states. Some have held that parol evidence in such a case is…
2Cases cited2 opinions
- Burke v. CrugerTexas Supreme Court · 1852
- Smith v. DoakTexas Supreme Court · 1848
3Cited by4 opinions
- Goodman v. . LitakerSupreme Court of North Carolina · 1881
- Williams v. . LewisSupreme Court of North Carolina · 1912
- Coffey v. . ReinhardtSupreme Court of North Carolina · 1894
- Coffey v. . ReinhardtSupreme Court of North Carolina · 1894