Ellison v. . Rix
Supreme Court of North Carolina
Civil ACTION begun before a justice/ff the peace and tried on appeal at Fall Term, 1881, of Wake Superior Court before Gilmer, J. The plaintiff filed the following complaint in which he alleged: 1. That defendant executed and delivered to plaintiff on the —— day of December, 1867, his bond under seal for the sum of one hundred and nineteen dollars, due and payable twelve months after date. 2. That no part of said bond has been paid and the same has been mislaid or lost and…
Read the full summary
Civil ACTION begun before a justice/ff the peace and tried on appeal at Fall Term, 1881, of Wake Superior Court before Gilmer, J. The plaintiff filed the following complaint in which he alleged: 1. That defendant executed and delivered to plaintiff on the —— day of December, 1867, his bond under seal for the sum of one hundred and nineteen dollars, due and payable twelve months after date. 2. That no part of said bond has been paid and the same has been mislaid or lost and plain-tiff after due diligence' is-unable to find the same. Wherefore plaintiff prays judgment against the defendant-for…
1Opinion of the CourtAshe, J.
The first exception taken by the defendant to the ruling of His Honor in the court below is, to his refusal to submit an issue to the jury — whether the note, or any part thereof had been paid : His Honor, we suppose, ex- eluded the evidence because payment was not specially pleaded. Whether under the code-practice, payment is a defence that may be given in evidence under a general denial, or must be specially pleaded in the answer, is a question which has given rise to a good many conflicting decisions and a contrariety of practice in different states. In California the courts have held that…
2Cases cited5 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- McKyring v. . BullNew York Court of Appeals · 1857
- Hatch v. BentonNew York Supreme Court · 1849
- Andrews v. BondNew York Supreme Court · 1853
- Van Gieson v. Van GiesonNew York Supreme Court · 1850
3Cited by10 opinions
- Federal Land Bank of Columbia v. BarrowSupreme Court of North Carolina · 1925
- Smith v. . KronSupreme Court of North Carolina · 1887
- Montague v. . BrownSupreme Court of North Carolina · 1889
- Averitt v. . ElliottSupreme Court of North Carolina · 1891
- Joyce v. SellSupreme Court of North Carolina · 1951
5 more not listed; retrieve them via the Exa API.