Redmond v. . Pippen
Supreme Court of North Carolina
Civil action, tried before Hoke, J., and a jury, at Spring Term, 1893, of Edgecombe Superior Court, to recover the amount of a sealed note for money. Defendants admitted liability to plaintiff for the balance due on the note, as to the defendant F. L. Pippen, administrator of J. II.
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Civil action, tried before Hoke, J., and a jury, at Spring Term, 1893, of Edgecombe Superior Court, to recover the amount of a sealed note for money. Defendants admitted liability to plaintiff for the balance due on the note, as to the defendant F. L. Pippen, administrator of J. II. Pippen, the principal thereto, but contended that as to the executrix of W. M. Pippen, the surety to the note, the cause of the action was barred by the statute of limitations protecting sureties in three years. It was admitted that the note was executed much more than three years before commencement of this suit…
1Opinion of the Court
MacRae, J,:
Since Welfare v. Thompson, 83 N. C., 276, it lias been firmly established that three years is a bar to actions upon sealed notes as against the sureties thereto. Clark’s Code, section 152 (2).
As to the surety W. M. Pippen himself, there is no question but that the statute of limitations would bar an action against him in three years after the last payment. It is contended, however, that, as he died before the action was barred as to him, by virtue of section 153 (2) the time is extended, or, as said in the plaintiff's argument, “that his death puts a stop to the running of the…
2Cases cited6 opinions
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- Benson v. . BennettSupreme Court of North Carolina · 1893
- Joyner v. . MasseySupreme Court of North Carolina · 1887
- Cox v. . CoxSupreme Court of North Carolina · 1881
- Lawrence v. . NorfleetSupreme Court of North Carolina · 1884
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3Cited by10 opinions
- Barnes v. . CrawfordSupreme Court of North Carolina · 1931
- Humphrey v. StephensSupreme Court of North Carolina · 1926
- Lee v. . McKoySupreme Court of North Carolina · 1896
- Lister v. . ListerSupreme Court of North Carolina · 1943
- Hughes v. . BooneSupreme Court of North Carolina · 1894
5 more not listed; retrieve them via the Exa API.