Simms v. . Vick
Supreme Court of North Carolina
Appeal from 0. II. Allen, J., February Term, 1909, of Wil-SON. The plaintiff sued the defendant, before a justice of the peace, upon two causes of action, to-wit: (1) for $40 due by note; (2) for $67.50, an overpayment on a note of $175. The justice gave judgment in favor of plaintiff on the note of $40, from which judgment plaintiff appealed.
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Appeal from 0. II. Allen, J., February Term, 1909, of Wil-SON. The plaintiff sued the defendant, before a justice of the peace, upon two causes of action, to-wit: (1) for $40 due by note; (2) for $67.50, an overpayment on a note of $175. The justice gave judgment in favor of plaintiff on the note of $40, from which judgment plaintiff appealed. At the trial in the Superior Court defendant tendered judgment for the $40 interest and costs, and his Honor submitted the following issues to the jury: “Is the defendant, S. H. Vick, indebted to the plaintiff; and, if so, in what amount?” to which the…
1Opinion of the Court
MANNING, J.,
after stating the case: Upon the trial plaintiff produced receipts of the defendant for $67.50 more than the principal and interest of his note. The note was dated 3 March, 1906, and was due 1 November, 1906. The receipts were dated from 6 March, 1906, to 12 November, 1906. Upon the payment made on the last-named day the note was surrendered to plaintiff, endorsed: “Paid in full.” The plaintiff testified that he could not read, and on the day of the last payment had forgotten the first payment and his^ receipt therefor. The defendant testified that he had no personal knowledge of…
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