WADEN v. McGHEE

No. 691.

161 S.E.2d 542 (1968)

274 N.C. 174

Fletcher N. WADEN, Jr., v. Richard Spencer McGHEE, Original Defendant, and Sandra Joyner Payne, Additional Defendant.

Supreme Court of North Carolina.

June 14, 1968.


Attorney(s) appearing for the Case

John W. Langford, High Point, for plaintiff appellant.

Jordan, Wright, Henson & Nichols by Karl N. Hill, Jr., Greensboro, for Richard Spencer McGhee, original defendant appellee.


SHARP, Justice.

Plaintiff's first assignment of error is that the court failed "to charge the jury clearly" as to the legal effect of the $2,250.00-payment, which was made to plaintiff on behalf of Payne and Joyner in consideration of his covenant not to sue.

On 20 May 1966, the date of the covenant, the rule governing the effect of a payment to an injured party by one or more of the joint tort-feasors was as follows: "A valid release of one of several joint...

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