Faison v. . Bowden, Ex'r.
Supreme Court of North Carolina
Civil ActioN, in the nature of Assumpsit, tried before Hus-sell, J., at Spring Term, 1874, Duplin Superior Court. This suit was brought to recover the amount of a medical bill, beginning in 1854, and running up to the death of the testator of defendant in the month of November, 1861, and continuing after the death of the testator.
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Civil ActioN, in the nature of Assumpsit, tried before Hus-sell, J., at Spring Term, 1874, Duplin Superior Court. This suit was brought to recover the amount of a medical bill, beginning in 1854, and running up to the death of the testator of defendant in the month of November, 1861, and continuing after the death of the testator. Defendant denied the account and relied upon the statute of limitations, and also alleged that he had fulty administered the assets of the t-estator. On the trial in the Court belew, Dr. Daniel E. Smith, a witness for the plaintiff, testified that he was acquainted…
1Opinion of the CourtRodmaN, J.
The evideuce, which is relied on by the plaintiff to take the case out of the statute of limitations, is as follows:
“ W. E. Hill heard testator say, about 1860, that he owed the plaintiff a considerable debt, that plaintiff was one of his largest creditors. D. C. Cobb and R. JB, Hatch heard testator about the same time say the same thing. One Barffeld heard the testator in October, 1858, say to the plaintiff, “ I can’t pay you what I owe you, but I will pay you soon, or next winter, I need what money I have now for building, and it will do you more good to get it in a lump.” Wo definite sum…
2Cited by12 opinions
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- Taylor v. . MillerSupreme Court of North Carolina · 1893
- Phillips v. GilesSupreme Court of North Carolina · 1918
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