King's Executors v. Bryant's Executors
Superior Court of North Carolina
'T\£BT upon a bund commenced in the county court, and a» appeal taken to this court; and the plaintiff now proposed to prove by the subscribing witness, that a bond was given to the plaintiff the time when it was given, and that it was lost at or since the trial in the county court. rats, for the defendant, saiJ, that as a declaration had noi been drawn since the loss of the bond, and that as the first declaration made a profcrt of the bondj,; the bond so preferred to the…
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'T\£BT upon a bund commenced in the county court, and a» appeal taken to this court; and the plaintiff now proposed to prove by the subscribing witness, that a bond was given to the plaintiff the time when it was given, and that it was lost at or since the trial in the county court. rats, for the defendant, saiJ, that as a declaration had noi been drawn since the loss of the bond, and that as the first declaration made a profcrt of the bondj,; the bond so preferred to the court, must be produced in the plea of non .est Jlicinm, and proved as in common cases. Had it been lost before the…
1Opinion
If he was so drunk at the time that he did not know what he was about, and if in that situation he was induced to sign a paper for a debt which he did not owe, that was a fraud; and a fraud practiced upon a man, whether drunk or sober, will vitiate the instrument signed by him. The jury will consider whether he was so imposed upon or not.
Verdict for plaintiff; referred to the Supreme Court.
NOTE. — See, upon the first point, the same case in the Supreme Court, where it was affirmed, 5 N.C. 131. Upon the second point, Perry v.Fleming, 4 N.C. 344; Logan v. Simmons, 18 N.C. 13; Gibson v.…
2Cases cited3 opinions
- Cameron v. . Power Co.Supreme Court of North Carolina · 1905
- Logan v. . SimmonsSupreme Court of North Carolina · 1834
- Perry v. . FlemingSupreme Court of North Carolina · 1816