Derr v. . Stubbs
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1879, of LiNcoln Superior Court, before Buxton, J. This action was commenced before a justice of the peace to recover the sum of $187.39, due by note with interest from the 15th of July, 1860, subject to a credit of one hundred dollars of date February 9th, 1861. The defendant appealed from the judgment of the court below.
1Opinion of the CourtSmith, C. J.
The defendant in answer to the plaintiff’s demand, and as a set-off and counter-claim, relied upon an account for various articles furnished the plaintiff between September 22d, 1860, and January, • 1863, in the aggregate sum of $1,097.72 upon which he had made the following endorsement:
“The defendant hereby claims to set-off the within account to the amount of- the plaintiff’s demand, and remits all excess, after deducting the said demand, over $200.
(Signed) E. W. Stubbs.”
The account exhibited contained various articles delivered before the period, over which the scaling statute operates, of…
2Cases cited1 opinion
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