Rowland v. . Windley
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1881, of 'Beaufort Superior Court, before Gilmer, J. This action commenced on the 12th December, 1877, in a court of a justice of the peace, and is brought by successive appeals to this court.
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Civil Action tried at Spring Term, 1881, of 'Beaufort Superior Court, before Gilmer, J. This action commenced on the 12th December, 1877, in a court of a justice of the peace, and is brought by successive appeals to this court. The plaintiff declares upon a bond for two hundred dollars, executed to Horace Oden, by defendant’s intestate (James S. Campbell), and Samuel B. La-tham, on the 10th day of October, 1854, and payable one day after date — which bond had been indorsed to plaintiff. Amongst other defences the plea of payment was relied upon, and to rebut a presumption thereof the…
1Opinion of the CourtRuffin, J.
There can be no question, we think, as to the correctness of His Honor’s ruling. Relying upon the decisions heretofore made in Buie v. Buie, 2 Ired., 87; Walker v. Wright, 2 Jones, 156, and Woodhouse v. Simmons, 73 N. C., 30, it was recently held in the case of Grant v. Burgwyn, 84 N. C., 560, that the presumption of payment, arising under the statute, from the lapse of time, is one which the law makes, and gives to it such artificial weight, that whenever the facts are known, the court must apply it as a legal intendment; and so, too, that the question of its rebuttal is one of law, and as…
2Cases cited2 opinions
- Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
- Grant v. . BurgwynSupreme Court of North Carolina · 1881
3Cited by2 opinions
- Cox v. . BrowerSupreme Court of North Carolina · 1894
- Grant v. . GoochSupreme Court of North Carolina · 1890