Blount v. . Parker
Supreme Court of North Carolina
' Civil ActioN, tried at January Special Term, 1878, of Rowan Superior Court, before Kerr, J. L. O. B. Branch, at the time of his death in 1862, owned ten coupon bonds of this State, and six coupon bonds of Virginia, each in the sum of $1000, and issued before'the war, which were in possession of his wife in the City of Raleigh. 'In November of that year, administration on his estate was granted to the plaintiff.
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' Civil ActioN, tried at January Special Term, 1878, of Rowan Superior Court, before Kerr, J. L. O. B. Branch, at the time of his death in 1862, owned ten coupon bonds of this State, and six coupon bonds of Virginia, each in the sum of $1000, and issued before'the war, which were in possession of his wife in the City of Raleigh. 'In November of that year, administration on his estate was granted to the plaintiff. On the approach of the military forces of the United States towards the City in the month Among other defences set up in tbe answer, the defendant relies upon the bar of tbe statute…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above.) The only question before us is as to the application of the statute to-the facts of this case, and whether its operation -was suspended during the time the plaintiff remained ignorant of the possession and conversion of the bonds by the defendant, and began to run only at the date of discovery.
Several cases, very briefly reported in 1 Haywood, were cited in support of the proposition that the statute ran' only from the time when the plaintiff acquired knowledge of the tortious act, and that the defendant was liable; and thei’e have been eases elsewhere in…
2Cases cited1 opinion
- Batts v. . WinsteadSupreme Court of North Carolina · 1877
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- Joseph v. LesnevichNew Jersey Superior Court Appellate Division · 1959
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