Battle v. . Battle
Supreme Court of North Carolina
Civil ACTION, heard before Mebane, J., at Fall Term, 1894, of Nash Superior Court, on a case agreed as follows : “ 1. That on January 1st, 1880, the defendant William S. Battle executed his note under seal to the testator of the plaintiff, with James S. Battle and Kemp P. Battle as sureties, whereby be promised to pay one day after date the sum of fifty thousand dollars, and delivered said note to the said testator, S. E. "Westray.
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Civil ACTION, heard before Mebane, J., at Fall Term, 1894, of Nash Superior Court, on a case agreed as follows : “ 1. That on January 1st, 1880, the defendant William S. Battle executed his note under seal to the testator of the plaintiff, with James S. Battle and Kemp P. Battle as sureties, whereby be promised to pay one day after date the sum of fifty thousand dollars, and delivered said note to the said testator, S. E. "Westray. “ 2. That on February 3rd, 1883, the defendant William S. Battle executed a deed of trust to Geo. Howard and Richard H. Battle, trustees, whereby he conveyed…
1Opinion of the Court
ClakK, J.:
The Code, Section 172, requiring an acknowledgment or new promise to be in writing left the effect of a partial payment in removing the bar of the statute of limitations as it was before the Code of Civil Procedure. Bank v. Harris, 96 N. C., 118. The effect of partial pay ment in stopping the running of the statute is not by virtue of any statutory provision. It was not in the statute of James I, but was an exception allowed by the Courts, and its application depends upon the reasoning in such decisions. The Act of 9 Geo. TV, 14, in a similar way to our statute, merely recognizes…
2Cases cited3 opinions
- Hewlett v. . SchenckSupreme Court of North Carolina · 1880
- Pickett v. KingNew York Supreme Court · 1861
- State National Bank v. HarrisSupreme Court of North Carolina · 1887
3Cited by23 opinions
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- Smith v. . DavisSupreme Court of North Carolina · 1947
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- Cashmar-King Supply Co. v. Dowd & KingSupreme Court of North Carolina · 1907
- North State Piano Co. v. SpruillSupreme Court of North Carolina · 1909
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