Legal Opinion

Straus, Hartman, Hofflin & Co. v. Beardsley

Supreme Court of North Carolina

Decided June 5, 1878PublishedCited by 18 opinions

Civil AotioN, tried at Spring Term, 1877, of Pitt Superior Court, before Eure, J. This action was brought upon an instrument of writing as •set. out in the opinion, and upon the trial before a Justice of the Peace, the defendant pleaded general issue, statute of limitations, payment, accord and satisfaction, and a want of ■notice and demand. Judgment was rendered for the plaintiffs, and the defendant appealed to the Superior Court.

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Civil AotioN, tried at Spring Term, 1877, of Pitt Superior Court, before Eure, J. This action was brought upon an instrument of writing as •set. out in the opinion, and upon the trial before a Justice of the Peace, the defendant pleaded general issue, statute of limitations, payment, accord and satisfaction, and a want of ■notice and demand. Judgment was rendered for the plaintiffs, and the defendant appealed to the Superior Court. The case states: Upon the trial in the Court below, in ■order to repel the bar of the statute of limitations, the plaintiffs offered in evidence the record of an…

1Opinion of the Court

This action was brought upon an instrument of writing as (60) set out in the opinion, and upon the trial before a Justice of the Peace, the defendant pleaded general issue, statute of limitations, payment, according and satisfaction, and a want of notice and demand. Judgment was rendered for the plaintiffs, and the defendant appealed to the Superior Court.

The case states: Upon the trial in the Court below, in order to repel the bar of the statute of limitations, the plaintiffs offered in evidence the record of an action brought upon the same bond, the summons in which was issued on 20 March,…

2Cases cited5 opinions

  1. Skillington v. . AllisonSupreme Court of North Carolina · 1823
  2. Den Ex Dem. Morrison v. ConnellySupreme Court of North Carolina · 1829
  3. Whitesides v. . TwittySupreme Court of North Carolina · 1848
  4. Williams v. . CollinsSupreme Court of North Carolina · 1816
  5. Sutliff v. . LunsfordSupreme Court of North Carolina · 1848

3Cited by18 opinions

  1. Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
  2. Southern Fertilizer Co. v. ReamsSupreme Court of North Carolina · 1890
  3. Bradshaw v. Citizens National BankSupreme Court of North Carolina · 1916
  4. Cowan v. . RobertsSupreme Court of North Carolina · 1904
  5. Wharton v. Commissioners of CurrituckSupreme Court of North Carolina · 1880

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