Opinion · Supreme Court of North Carolina

Gray v. . Armistead

Gray v. . Armistead, 41 N.C. 74 (N.C. 1849)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1849-06-05
Topic
general

Pearson, J. The answers of Armistead and Latham, as well as that of Corprew, are evasive and unfair, and, taken in connection with the testimony, create a strong suspicion, that the facts are, that, in January 1S42, Corprew, being pressed for money and his property being all under execution, borrowed of Latham 86650, at a premium of ten per cent, to be returned at March Court, when Latham had promised to return it to one Gaither, of whom he had borrowed it to “ accommodate” Corprew: That on the 25th of February, in order to raise the money for Latham, Corprew, in his presence, sold the note in question, appearing on its face to be the property of the intes *77 tate, to Armistead, at 25 per cent discount — received the nett proceeds in cash and paid it to Latham, and that. Armistead knew, that the' money was to be so applied, If these facts had been established by the proof, the plaintiffs would be entitled to the decree, prayed for. But the answers deny the material facts, and the proof is not sufficient to weigh them down. As to Armistead, he bought the note and knew that it was the property of the intestate; but he denies, that any part of the price was applied to the payment of the debt due to him by the administrator.

Citator

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Cited by
3 opinions