Simpson v. . Fullenwider
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Iredell county. Spring Term, 1851, his Honor Judge Battle presiding. Tms is debt on a bond lor ^1500, and the defence was usury.
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Appeal from the Superior Court of Law of Iredell county. Spring Term, 1851, his Honor Judge Battle presiding. Tms is debt on a bond lor ^1500, and the defence was usury. On the trial the defendant gave evidence, that in 1840 he and his brother, Henry Fullenwider, executed to each other several promissory notes for the purpose of raising money thereon, by having them shaved or discounted, at a greater rate of interest than.6 per cent.; and that three of the notes, for $500 each, thus made by the defendant to Henry, were passed by the latter to the plaintiff, at 15 per cent, discount. One…
1Opinion of the CourtRuefin, C. J.
The objection to the evidence is untenable. The defendant had to account for the non-production of the notes at the trial, and his declaration, contemporaneous with the delivery of them to him, and his going, apparently, to burn them, was proper evidence, as tending to est&blish their destruction. It is said, however, that the other part of the declaration ought not to have been received, because the effect was to raise an inference, that those notes form the consideration oí the bond sued on, and the party ought not to be allowed thus to fabricate evidence for himself. But that is not a…
2Cases cited4 opinions
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Dunham v. DeyNew York Supreme Court · 1816
- Bennet v. D. Smith & PhelpsNew York Supreme Court · 1818
- In re the Proof of the Will of NadalHawaii Supreme Court · 1861