Rogers v. . Clements
Supreme Court of North Carolina
This was a crviu ACTION, tried before Avery, Judge, and a jury, at March Special Terna, 1884, of Wake Superior Court. The plaintiff in her complaint alleged that the defendants, on the 28th day of October, A. D., 1857, executed to one G. H. Alford their note, under seal, for the sum of $900, payable one day after date; that said note was afterwards endorsed by said Alford for value to Mary A. Rogers, the testatrix of the plaintiff, and that on the 15th day of October, 1859,…
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This was a crviu ACTION, tried before Avery, Judge, and a jury, at March Special Terna, 1884, of Wake Superior Court. The plaintiff in her complaint alleged that the defendants, on the 28th day of October, A. D., 1857, executed to one G. H. Alford their note, under seal, for the sum of $900, payable one day after date; that said note was afterwards endorsed by said Alford for value to Mary A. Rogers, the testatrix of the plaintiff, and that on the 15th day of October, 1859, the interest then'due on said note had been paid, and also $193.80 of the principal, and that no other payments had been…
1Opinion of the CourtSmith, C. J.
The complaint alleges the execution of the bond set out therein by the defendants, and its endorsement to the plaintiff’s testatrix, and the action is to recover the residue remaining unpaid. No defence is made by the defendant "W. W. Clements, and the defendant A. K. Clements, in his answer, relies upon the statutory presumption raised by the lapse of time since the obligation became due, and in subsequent amendment sets up an alleged release from a portion and the larger number of those entitled to the estate of the testatrix, accompanied with an averment, that there were not, nor are there…
2Cases cited2 opinions
- Baker v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1884
- Campbell v. BrownSupreme Court of North Carolina · 1882
3Cited by6 opinions
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Efland v. . EflandSupreme Court of North Carolina · 1887
- Elliott v. . WhedbeeSupreme Court of North Carolina · 1886
- Rogers v. . ClementsSupreme Court of North Carolina · 1887
- Campbell v. . BrownSupreme Court of North Carolina · 1882
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