Pendleton v. . Spencer
Supreme Court of North Carolina
Pendleton v. . Spencer, 170 S.E. 637 (N.C. 1933)
205 N.C. 179; 1933 N.C. LEXIS 495
Stacy
Pendleton v. . Spencer
Opinion of the Court
The testimony of J". A. Spencer was properly excluded as the consideration for the note was not in issue.
Therefore, the applicability or nonapplicability of C. S., 1795, to the proffered testimony is not necessarily presented by the record. Its competency is urged under authority of Sutton v. Walters, 118 N. C., 495, 24 S. E., 357. Its incompetency is asserted under authority of Benedict v. Jones, 129 N. C., 475, 40 S. E., 223. The point is moot as the testimony was properly excluded on other grounds.
No error.
Reference
- Full Case Name
- A. L. PENDLETON, Trading Under the Firm Name of STANDARD DRUG COMPANY, v. J. A. SPENCER Et Al.
- Status
- Published