Wallace v. Grizzard

Citations

• 114 N.C. 488

Syllabus

<p>Evidence — Corroborative Testimony■ — Running Account— Instruction to Jury.</p> <p>1. Where the testimony of a witness (even when he is a party to the action) is impeached he may he corroborated by showing that he has made similar statement about, the transaction testified io— such corroborating testimony not being intended to prove the principal facts to be established, but to help the credibility of the witness just as evidence of his good character, etc.</p> <p>2. Where, in the trial of an action of claim and delivery of property which had been conveyed by defendant to secure notes given for its purchase, the issue was whether such notes, which had been taken up by the plaintiffs, had been paid or Louffht by the plain-tifl's nuclei- an alleged agreement that they were to be security for the money paid out (there being a mutual running account between the parties), the fact that the defendant, maker of the notes, made an assignment for benefit of creditors without preferring the plaintiffs could have no bearing on the case, and the defendant was entitled to have the jury instructed to that effect to remove any possible impression made upon the minds of the jury by comment of counsel on such fact.</p> <p>3. Where plaintiffs and defendant had mutual running accounts and the former took up certain outstanding secured notes of the latter at various times (which were marked paid by the payees) and rendered stated accounts to the defendant showing that the amounts paid out in taking up the notes had been charged up to him, just as other items were charged: Held, that, in the absence of fraud or mistake, the cancellation of the notes, the rendition of the accounts and the tacit assent thereto by the debtor made the balance stated the true debt between the parties and the notes could not be revived as obligations for the payment of money without the consent of the maker, and such consent could not be presumed, from the fact that he did not make any objections to an acc