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195 N.C. 418

142 S.E 325

Middleton v. Hunter

Supreme Court of North Carolina

Decided April 4, 1928

Supreme Court of North Carolina · decided 1928-04-04

Cited by 2 later decisions — most recently October 1988

1 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1928-04-04

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QlaeksoN, J.

¶1We 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.

¶2It 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

¶3New trial.

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