Williams v. . Williamson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Columbus County, at the Spring Term, 1846, his Honor Judge Dick presiding. The following facts were presented by the case : In October, 1835, the plaintiffs recovered a-judgment before a Justice of the Peace, against Bradley F. Yates, on an account for $16 65 and costs ; and this is a suit, commenced in July, 1842, against the defendant, as administrator of Yates, on the former judgment, and was tried on issues joined on nil debet and…
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Appeal from the Superior Court of Law of Columbus County, at the Spring Term, 1846, his Honor Judge Dick presiding. The following facts were presented by the case : In October, 1835, the plaintiffs recovered a-judgment before a Justice of the Peace, against Bradley F. Yates, on an account for $16 65 and costs ; and this is a suit, commenced in July, 1842, against the defendant, as administrator of Yates, on the former judgment, and was tried on issues joined on nil debet and payment On tlie trial, the defence was, that Yates paid the debt to one Caleb G. Money. On the part of the defendant,…
1Opinion of the CourtRuffin, C. J.
The receipt given by Money to Yates being without date, it does not appear that the payment was made while Money’s office of Constable continued. Supposing, then, he was constituted the agent of the .plaintiffs by having their claim put into his hands, while Constable, for collection, with or without suit, there would be a question whether the agency, thus created, would last lónger than the office, by reason of which the Constable was constituted the creditor’s agent. There might also be an objection to the declarations of Money in 1837, that they wrere made after the expiration of his…
2Cited by6 opinions
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Hunsucker v. CorbittSupreme Court of North Carolina · 1924
- Taylor v. . HuntSupreme Court of North Carolina · 1896
- Younce v. Broad River Lumber Co.Supreme Court of North Carolina · 1911
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