Sutton v. . Robeson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Bladen County, at the Spring Term 1849, his Honor Judge Caldwell presiding. This is an action of debt on a former judgment, brought against the executor of Henry Robeson, deceased, Plea, payment by the testator. On the trial, the defendant gave evidence, tending to prove that the testator had paid the judgment.
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Appeal from the Superior Court of Law of Bladen County, at the Spring Term 1849, his Honor Judge Caldwell presiding. This is an action of debt on a former judgment, brought against the executor of Henry Robeson, deceased, Plea, payment by the testator. On the trial, the defendant gave evidence, tending to prove that the testator had paid the judgment. In order to rebut that inference, the plaintiff offered in evidence, a written instrument, signed and sealed by the defendant» in the following words : “Whereas there are several suits now pending in the Superior Court oflaw of Bladen County,…
1Opinion of the CourtRuffin, C. J.
The Court is' of opinion, that the evidence was admissible. It was relevant to the issue, as an agreement to pay part of a debt affords some presumption, that the party had not before paid it in full; and it was for the jury to judge of the force of the presumption, according to the situation of the parties, the evidence of actual payment, and the circumstances attending the execution of the agreement. The objections taken to its reception, at the trial, are entirely insufficient. It was very proper to discharge the rule for judgment, which the plaintiff had obtained, because the Court could…
2Cited by10 opinions
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