Belo v. . Spach
Supreme Court of North Carolina
Civil Action tried,, on appeal from a justice’s court, at-Spring Term, 188-1, of Forsyth Superior Court, before Seymour, J. Case Agreed — The following are the facts: The action is brought to recover the amount of a note of which the following is a copy r One day after date we or either of us promise to pay to E. Belo,. the just and full sum of one-hundred dollars for T. J. Boner for value received of him, as witness our hands and seals this 28th day of January, 1860,…
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Civil Action tried,, on appeal from a justice’s court, at-Spring Term, 188-1, of Forsyth Superior Court, before Seymour, J. Case Agreed — The following are the facts: The action is brought to recover the amount of a note of which the following is a copy r One day after date we or either of us promise to pay to E. Belo,. the just and full sum of one-hundred dollars for T. J. Boner for value received of him, as witness our hands and seals this 28th day of January, 1860, (signed and sealed by Isaac Tice, H. A. Holder and E.. Spaugh.) That some time in the year 1868 Tice went into bankruptcy, and…
1Opinion of the Court
Ashe, J*
The only question presented fo-r our determination by this appeal is, whether the payment on a bond within ten years after it falls due by the assignee in bankruptcy of one of the obligors, will repel the presumption arising from- the lapse of time.
The bond was due on the 29th of January, 1860, and Tice went into bankruptcy, and among the debts enumerated in his schedule was the said bond given by him and the other «obligors to Boner.
There were two dividends paid by the assignee on the bond to the plaintiff, the' holder of the bond, the one on the 24th of March, 1870, and the other…
2Cited by2 opinions
- Taylor v. . BrookSupreme Court of North Carolina · 1838
- Williams v. . BrittonSupreme Court of North Carolina · 1850