Carrier v. Jones

Decided January 15, 1873

Supreme Court of North Carolina · decided 1873-01-15

This 'is the plaintiff’s appeal in the foregoing case. No facts, except those therein stated, were elicited upon the trial; and the ground of the plaintiff’s appeal, as appears from the transcript, and as is set out in the case wherein the defendants appealed, is, for the rejection of certain evidence offered by him on the trial. From the decision of his Honor, rejecting the evidence, the plaintiff appealed.

Cited by 2 later decisions — most recently June 1877

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-01-15

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Boyden, J.

¶1The opinion in the case of the plaintiff against Jones, supra, is decisive of this case, and must govern it. In that case it is decided, that the receipts to *131H-ilkey and Kirkpatrick did not release or discharge Jones or Kirkpatrick, nor did they discharge the parties to whom they were given. The rejection of the evidence of the plaintiff constituted no error as it was wholly immaterial, and in, truth amounted to nothing more than what appeared by the receipts.

¶2But his Honor was in error in not instructing the jury that the receipts of the defendants did not discharge them from the balance still due, and only entitled them to the credit for the amounts stated in -the receipts.

¶3There is error. This will be certified to the end that a new trial may be had,

Feb. Curiam.

¶4Venire de novo.