Supreme Court of North Carolina, 1876

Wentz v. . Black

Wentz v. . Black
Supreme Court of North Carolina · Decided June 5, 1876 · Pearson
75 N.C. 491

Counsel

Shipp Bailey, Dowd and Montgomery for appellants . Vance, Burwell, Battle Mordecai contra .

Wentz v. . Black

Opinion of the Court

Pearson, C. J.

We see no error in the ruling of his Honor, and affirm the judgment for the reasons given by him. The witness, Elliott, had his opinion, not on the general character of Black’s handwriting, but on a difference in the letter “ k ” from his usual signature. After the defendant’s counsel liad fortified his witness by exhibiting to him two genuine signatures, it surely was only fair play to permit the plaintiff’s counsel to attack him by exhibiting to the -witness other signatures of Black, admitted to be genuine, either to make him change his opinion or to weaken his confidence in it, so that from his manner th ury coud see that his opinion was not to be relied on. This was fair, and there is no rule of evidence to the contrary.

No erro

Per Curiam. Judgment affirmed.

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