Wallace v. Grizzard
Wallace v. Grizzard
Opinion of the Court
If the testimony of a witness is impeached he may be corroborated by showing that he has made similar statements about the transaction. “The purpose of such evidence is not to prove the principle facts to be established. It is intended to prop and strengthen a witness testifying in respect to such facts, in some way impeached, by showing his consistency in the statements he makes or the account he gives of the matter about which he testifies when and when not under oath. It tends to help his credibility just as does evidence of his good character or other evidence competent for such purpose.” State v. Whitfield, 92 N. C., 831. This rule applies though the witness is also a party. Bullinger v. Marshall, 70 N. C., 520; Sprague v. Bond, 113 N. C., 551. When, therefore, it was proposed to corroborate what the defendant and witness Gaskins had testified on the trial by showing by the defendant and witness Grizzard that the former had made to him a statement about the transaction in eontroversv it should have been
It is proper for us to say that we do not see how the fact that Shepherd & Co. 'were not preferred in the assignment made by Gaskins has any bearing on the matter here in controversy. The issue is, Were the notes paid by Shepherd & Co. to the Smith-Courtney Co., or to the banks for that company, or were they bought by Shepherd & Co.? It could not possibly facilitate the solution of this question to inquire why Gaskins, when he saw himself under the necessity of making a general assignment, preferred one creditor over another. His Honor should have told the jury, as the defendant requested, that the fact stated above had “no bearing on the case,” and thus have counteracted any possible impression made upon the minds of the jury by the remarks of plaintiffs’ counsel on this subject.
Whatever may have been the purpose of Shepherd & Co. at the time of the purchase of the engine by Gaskins from the Smith-Courtney Co., it is very evident that they paid the eleven notes which were charged against Gaskins in the account rendered, and did not purchase them. We find no evidence that the Smith-Courtney Co. intended to transfer these notes to Shepherd & Co. The fact that some of them wrere marked or stamped “paid” consists exactly with the conduct of all the parties. The cash which Shepherd
New Trial.
Reference
- Full Case Name
- GORDON WALLACE v. J. M. GRIZZARD
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Evidence — Corroborative Testimony■ — Running Account— Instruction to Jury. 1. Where the testimony of a witness (even when he is a party to the action) is impeached he may he corroborated by showing that he has made similar statement about, the transaction testified io— such corroborating testimony not being intended to prove the principal facts to be established, but to help the credibility of the witness just as evidence of his good character, etc. 2. Where, in the trial of an action of claim and delivery of property which had been conveyed by defendant to secure notes given for its purchase, the issue was whether such notes, which had been taken up by the plaintiffs, had been paid or Louffht by the plain-tifl's nuclei- an alleged agreement that they were to be security for the money paid out (there being a mutual running account between the parties), the fact that the defendant, maker of the notes, made an assignment for benefit of creditors without preferring the plaintiffs could have no bearing on the case, and the defendant was entitled to have the jury instructed to that effect to remove any possible impression made upon the minds of the jury by comment of counsel on such fact. 3. Where plaintiffs and defendant had mutual running accounts and the former took up certain outstanding secured notes of the latter at various times (which were marked paid by the payees) and rendered stated accounts to the defendant showing that the amounts paid out in taking up the notes had been charged up to him, just as other items were charged: Held, that, in the absence of fraud or mistake, the cancellation of the notes, the rendition of the accounts and the tacit assent thereto by the debtor made the balance stated the true debt between the parties and the notes could not be revived as obligations for the payment of money without the consent of the maker, and such consent could not be presumed, from the fact that he did not make any objections to an account subsequently rendered, in which the plaintiffs had separated the items of the note payments from the other items of their mutual dealings.