Pulliam v. . Hege

135 S.E. 288, 192 N.C. 459, 1926 N.C. LEXIS 319

• Court: Supreme Court of North Carolina
• Decided: November 3, 1926
• Status: Published

Opinion

Stacy, C. J.

Tbe plaintiff, in her original complaint, sought to recover of tbe defendant tbe sum of $3,304.00 for services rendered Mrs. Stevenson during her lifetime. Later tbe amount was changed to $6,-500.00. On cross-examination, tbe plaintiff was asked why she bad practically doubled her demand . Her answer was that she bad omitted one year’s account, and her services were really worth more.

In further explanation, tbe witness continued: “I done so much for her '(objection as this involves a personal transaction; overruled; exception) ; I bad to wait on her, ‘tote’ meals to her (objection; overruled ; exception); I done everything I could for her and she promised me something and I thought I ought to have something.” Motion to strike out; overruled; exception.

This evidence related to a personal transaction or communication between tbe interested witness and tbe deceased. It was, therefore, incompetent under C. S., 1795. Tbe fact that it was limited to an explanation of why tbe plaintiff amended her complaint and asked for a larger sum does not render it competent. Tbe statute excludes it for all purposes. We do not think the defendant “opened the door” by asking plaintiff for an explanation as to why she bad changed the amount of her demand. Williams v. Cooper, 113 N. C., 286. The question related to a matter which took place after the institution of the present suit.

The cause was properly remanded for a new trial.

Affirmed.