Blackledge v. . Scales

Supreme Court of North Carolina

Blackledge v. . Scales

5 N.C. 179

DecidedJuly 5, 1808

StatusPublished

This text of 5 N.C. 179 (Blackledge v. . Scales) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blackledge v. . Scales, 5 N.C. 179 (N.C. 1808).

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Opinion

From Rowan. We are of opinion that Tate is a competent witness to prove that plaintiff had authorized him to receive *Page 141 the money of defendant, on the ground that he is equally liable, let the judgment be for or against the plaintiff. Espinasse, 332. For, should the plaintiff recover against (180) Scales, then Scales would recover of Tate; and if plaintiff cannot recover against defendant, then he would be entitled to recover against Tate; so that as between the parties he stands indifferent.

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From Rowan. We are of opinion that Tate is a competent witness to prove that plaintiff had authorized him to receive *Page 141 the money of defendant, on the ground that he is equally liable, let the judgment be for or against the plaintiff. Espinasse, 332. For, should the plaintiff recover against (180) Scales, then Scales would recover of Tate; and if plaintiff cannot recover against defendant, then he would be entitled to recover against Tate; so that as between the parties he stands indifferent.

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Bluebook (online)

5 N.C. 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackledge-v-scales-nc-1808.