Kennedy v. . Cromwell
Supreme Court of North Carolina
Civil action, tried before Whitaker. J., at Fall Term, 1890, of Edgecombe Superior Court. The facts appear in the opinion Judgment for plaintilf, and overruling the plea of the statute of limitations. Appeal by defendant.
1Opinion of the Court
The Code, 154 (2), bars an action against an executor, administrator or guardian on his official bond within six years after filing his audited final account, while by The Code, 155 (6), an action against the sureties on such bond is barred within three years after breach complained of.
As the action on the official bond necessarily embraces the sureties, it would seem that the distinction is, that where the final account is filed admitting a balance to be due, but no breach is alleged, such balance as to the sureties is conclusively presumed to be paid over after the lapse of six years if the…
2Cases cited9 opinions
- Robertson v. . DunnSupreme Court of North Carolina · 1882
- Hodges v. . CouncilSupreme Court of North Carolina · 1882
- Patterson v. . LillySupreme Court of North Carolina · 1884
- Vaughan v. . HinesSupreme Court of North Carolina · 1882
- Woody v. . BrooksSupreme Court of North Carolina · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dunn v. . Beaman &8212 No. 2Supreme Court of North Carolina · 1900
- Edwards v. Lemmond.Supreme Court of North Carolina · 1904
- Brown v. . WilsonSupreme Court of North Carolina · 1917
- House v. . ArnoldSupreme Court of North Carolina · 1898
- Pierce v. . FaisonSupreme Court of North Carolina · 1922
7 more not listed; retrieve them via the Exa API.