Carpenter v. Tucker
| Decision Date | 14 November 1887 |
| Citation | 3 S.E. 831,98 N.C. 316 |
| Court | North Carolina Supreme Court |
| Parties | Carpenter v. Tucker, Adm'r. |
In an action for the purchase price of some notes alleged to have been sold, plaintiff offered the notes in evidence. Defendant objected to their admission, "because they were not assigned or transferred or indorsed in writing by the plaintiff." Held that, as the notes may have been introduced for identification, or some other purpose than to show the legal title to them, they were competent, unindorsed, for any pertinent purpose.
A witness, who had testified on a former trial of an action, died before the retrial. Counsel was offered as a witness to state, from notes he had taken at the former trial, the substance of the witness' testimony. Held, that such evidence was properly admitted.
In an action as to the purchase of some notes, a witness for the vendor was examined as to what the vendee had said to him in regard to the purchase of vendor's interest in a certain mill, the deed therefor, the price paid for it, and what he intended to do with the mill. The notes had been given in payment of vendor's interest in the mill by vendee's son-in-law. Held, that such evidence was relevant, because it went to prove that vendor had delivered the notes to vendee as he alleged.
Defendant objected, to an action as to the purchase of some notes, that plaintiff had agreed to leave the matter to arbitration. Held, that this agreement, not made an order of the court in the action, nor with the sanction of the court, was executory, and unconnected with the action.
Appeal from superior court, Anson county; Gilmer, Judge.
George Tucker died intestate, and his estate was administered by A. T. Tucker. E. L. Carpenter sued the estate for the purchase money for three notes which he claimed to have sold George Tucker, alleging that he had received a certain sum of money in part payment of the price of the notes. The notes were notes given by the deceased's son-in-law to Carpenter in payment for a mill. The administrator claimed that the money had been lent Carpenter with the understanding that, if it were not repaid, it should be credited to the payment of the notes. The administrator also showed that Carpenter had agreed to leave the matter to arbitration, and claimed that he was estopped by such agreement from bringing this action. Judgment was rendered for plaintiff, and defendant appeals.
James A. Lockhart, for plaintiff. Batchelor & Devereux, for defendant.
On the trial the plaintiff offered in evidence certain notes under seal, which it was alleged he had sold to the intestate of the defendant, and the latter objected to their admission "because they were not assigned or transferred or indorsed in writing by the plaintiff." The court admitted them, and this is assigned as error.
It is true the legal title to the notes did not pass without indorsement, but it is just as true that the equitable title may have passed without it, and it was competent to show this fact. The notes may have been introduced for the purpose of identification, or other purpose than to show the legal title to them, and they were obviously competent, unindorsed, for any pertinent purpose. On a former trial of this action, which resulted in a mistrial, T. J. Polk was examined as a witness for the plaintiff, and he afterwards died before the last trial. At the first trial, the counsel for the plaintiff "took full notes of the evidence offered, " including that of the deceased witness mentioned. On the last trial this counsel was examined as a witness for the plaintiff, and he stated that, by refreshing his recollection from the notes of evidence taken by him on the former trial, he could and did remember the substance of the testimony given on the former trial by the witness Polk, de-ceased. The defendant objected. The court allowed the witness to so testify, and this is assigned as error.
The objection is...
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