Legal Opinion

Santora, McKay & Ranieri v. Franklin

Court of Appeals of North Carolina

Decided March 4, 1986No. 8528SC559PublishedCited by 10 opinions

1Opinion of the Court

JOHNSON, Judge.

In defendants’ first Assignment of Error, defendants contend the court committed reversible error by admitting testimony regarding the content of a telephone conversation allegedly placed by defendant Sophia Franklin to witness Robert McKay, an attorney with plaintiff law firm. We agree with defendants that when there is no other evidence to authenticate the identity of the speaker who placed the call except that he states his name, the evidence is inadmissible as hearsay. Everette v. Lumber Co., 250 N.C. 688, 110 S.E. 2d 288 (1959). However, it is not necessary that proof of…

2Cases cited13 opinions

  1. Mazda Motors of America, Inc. v. Southwestern Motors, Inc.Supreme Court of North Carolina · 1979
  2. State v. . StricklandSupreme Court of North Carolina · 1948
  3. Broyhill v. CoppageCourt of Appeals of North Carolina · 1986
  4. Nello L. Teer Company v. Dickerson, Inc.Supreme Court of North Carolina · 1962
  5. State v. JonesSupreme Court of North Carolina · 1977

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3Cited by10 opinions

  1. Morris v. BaileyCourt of Appeals of North Carolina · 1987
  2. Middleton v. Russell Group, Ltd.Court of Appeals of North Carolina · 1997
  3. Federal Land Bank of Columbia v. LiebenCourt of Appeals of North Carolina · 1988
  4. Morris v. BaileyCourt of Appeals of North Carolina · 1987
  5. State Ex Rel. Albemarle Child Support Enforcement Agency v. EasonCourt of Appeals of North Carolina · 2009

5 more not listed; retrieve them via the Exa API.

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