Supreme Court of North Carolina, 1928

Middleton v. Hunter

Middleton v. Hunter
Supreme Court of North Carolina · Decided April 4, 1928 · Qlaekson
195 N.C. 418

Middleton v. Hunter

Opinion of the Court

QlaeksoN, J.

We think the court below was in error in excluding the evidence objected to. It was competent to be submitted to the jury on the issue as to whether the plaintiff was the owner of the note sued on in due course.

It is well settled that admissions in pleadings are competent evidence. Even admissions of attorneys of record. Although the admissions are in another action, they are declarations of the party. Morris v. Bogue Corporation, 194 N. C., p. 279, and cases cited. The probative force is for the jury. For the reasons given, there must be a

New trial.

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