Simonton v. . Clark
Supreme Court of North Carolina
Money demand fried before Mitchell, J., at Spring Term, 1871, of Iredell Superior Court. The plaintiff’s testator held a promissory note on Clark, Shuford & Co., for $1,:625, executed and due the 30th of January, 1858. The defendant, A. Clark, is the executor of A. Clark, ■Sr., who was a member of said firm. The defendants in their answer did not deny the partnership nor the execution •of the note, but relied upon the-statute of limitations.
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Money demand fried before Mitchell, J., at Spring Term, 1871, of Iredell Superior Court. The plaintiff’s testator held a promissory note on Clark, Shuford & Co., for $1,:625, executed and due the 30th of January, 1858. The defendant, A. Clark, is the executor of A. Clark, ■Sr., who was a member of said firm. The defendants in their answer did not deny the partnership nor the execution •of the note, but relied upon the-statute of limitations. It was in evidence, that A. Clark, Sr., stated that in March, 1863, he had been over to the house of the plaintiff’s testator, to pay him the note of…
1Opinion of the Court
READE and BOYDEN, J. J., dissenting. The plaintiff's testator held a promissory note on Clark, Shuford Co., for $1,625, executed and due the 30th of January, 1858. The defendant, A. Clark, is the executor of A. Clark, Sr., who was a member of said firm. The defendants in their answer did not deny the partnership nor the execution of the note, but relied upon the statute of limitations.
It was in evidence, that A. Clark, Sr., stated that in March, 1863, he had been over to the house of the plaintiff's testator, to pay him the note of about $1,600, which he held on the firm of Clark, Shuford…
2Cited by6 opinions
- Peoples Bank & Trust Co. v. Tar River Lumber Co.Supreme Court of North Carolina · 1942
- Wells v. HillSupreme Court of North Carolina · 1896
- Parker v. . ShufordSupreme Court of North Carolina · 1877
- Wells v. . HillSupreme Court of North Carolina · 1896
- S. W. Wiley & Co. v. BrownSupreme Court of Rhode Island · 1894
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