Scott v. . Bryan
Supreme Court of North Carolina
Civil action, heard before Clark, Judge, upon exceptions to the report of a referee, at May Term, 1886, of Chatham Superior Court. This case, commenced in 1872, and after repeated references and reports, and one appeal to this Court, (78 N. C., 582,1 has been protracted, and is now before us for final adjudication, very much narrowed in its scope.
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Civil action, heard before Clark, Judge, upon exceptions to the report of a referee, at May Term, 1886, of Chatham Superior Court. This case, commenced in 1872, and after repeated references and reports, and one appeal to this Court, (78 N. C., 582,1 has been protracted, and is now before us for final adjudication, very much narrowed in its scope. The referee finds to be due the plaintiff, on March 16th, 1874, the sum of $1,307.53, in making up which amount is a charge of $2,000 for a debt belonging to the plaintiff, and used in paying off a judgment recovered by one Harris against the…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). We do not deem the presence of the three other partners essential, since it appears that each of them is insolvent; Williams dead, with no representative; Banks non-resident; and Elliott only, residing in the State. The suit on the notes given for the steam-boat was settled by the payment of $1,250, by the plaintiff, of a like sum by the defendant, and the plaintiff’s surrender to Harris of a claim held by him against Elliott and Harris, the latter being a surety, for $2,148, making the excess $2,000 paid by the plaintiff.
Confining our attention to this…
2Cases cited1 opinion
- Scott v. . BryanSupreme Court of North Carolina · 1875
3Cited by2 opinions
- Gilliam Furniture, Inc. v. Bentwood, Inc.Supreme Court of North Carolina · 1966
- Heyser v. . GunterSupreme Court of North Carolina · 1896