Eekhout v. Cole.
Supreme Court of North Carolina
ActioN by W. B. Eekhout against O. W. Oole, heard by Judge TF. A. HoTce and a. jury, at November Term, 1903, of the Superior Court of Cheeoicee County. The plaintiff prosecutes this action for the recovery of five hundred dollars, alleged to have been “advanced and loaned” to defendant’s intestate, A. G. Kinsey, on November 4, 1901. The plaintiff averred a demand and refusal to pay.
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ActioN by W. B. Eekhout against O. W. Oole, heard by Judge TF. A. HoTce and a. jury, at November Term, 1903, of the Superior Court of Cheeoicee County. The plaintiff prosecutes this action for the recovery of five hundred dollars, alleged to have been “advanced and loaned” to defendant’s intestate, A. G. Kinsey, on November 4, 1901. The plaintiff averred a demand and refusal to pay. Defendant denied each of the allegations of the complaint, except the demand and refusal to pay, which he admitted. By way of further defense and counter claim he averred that on July 21, 1901, the plaintiff…
1Opinion of the CourtConnor, J.
We find no valid objection to the question asked Mr. Posey. It seems that at the time of the transaction had by him with Mr. Kinsey his employment in the suit with Emerson was at an end and the employment in the other suit had not commenced. However this may be, the communication was not in any legal sense in regard to the business or employment in respect to which the privilege may be invoked. We think the testimony of Mr. Posey comes neither within the letter or spirit of the law. Greenleaf Ev., Vol. I, page 380 (16 Ed.). We find no suggestion that Mr. Poséy was or had been Kinsey’s…
2Cited by15 opinions
- State v. ColsonSupreme Court of North Carolina · 1968
- State v. . DavenportSupreme Court of North Carolina · 1947
- State v. DavenportSupreme Court of North Carolina · 1947
- State v. FreemanSupreme Court of North Carolina · 1972
- State v. HuntSupreme Court of North Carolina · 1979
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