Lewis v. Fort
Supreme Court of North Carolina
Civil ActioN, tried before Seymoue, J., at January Term, 1876, of WayNE Superior Court. The action is brought against the administrator of Coley on a note made by B. T. Bardin, as principal, and by Coley and another, who is now dead, as his sureties. The note was payable to the guardian of the plaintiff, who is now dead, and was assigned by the guardian to the plaintiff after lie came of age.
Read the full summary
Civil ActioN, tried before Seymoue, J., at January Term, 1876, of WayNE Superior Court. The action is brought against the administrator of Coley on a note made by B. T. Bardin, as principal, and by Coley and another, who is now dead, as his sureties. The note was payable to the guardian of the plaintiff, who is now dead, and was assigned by the guardian to the plaintiff after lie came of age. The defendant offered to prove by Bardin, the principal in the note, t]iat he, Bardin, paid the note to the deceased guardian before its assignment to the plaintiff. The Judge held the witness…
1Opinion of the Court
Rodman, J.,
delivering the opinion of the Court, after stating the case as above, proceeded as follows:
It must be admitted that if a judgment for or against the defendant would be evidence against Bardin, the principal in the note, in an action against him by the plaintiff, or in an action against him by the defendant for indemnity after payment of a judgment against him, then Bardin would be interested in the result of the action, and would be an incompetent witness at common law, whether the payee of the note was dead or not.
This proposition embraces two distinct "and different questions :
Fir…
2Cases cited1 opinion
- Love v. GibsonSupreme Court of Florida · 1849
3Cited by9 opinions
- Leak v. . CovingtonSupreme Court of North Carolina · 1888
- Stephens v. ShortWyoming Supreme Court · 1930
- McGowan v. DavenportSupreme Court of North Carolina · 1904
- Denny v. SaywardWashington Supreme Court · 1894
- Hare v. . GrantSupreme Court of North Carolina · 1877
4 more not listed; retrieve them via the Exa API.