Benson v. . Bennett
Supreme Court of North Carolina
Civil ACTION, beard before Graves, J., at February Term, 1893, of RookiNGHAM Superior Court. It was originally begun by plaintiff against Catherine S. Irvin, administratrix of John Irvin, but she having been removed pending the action, the present defendant, J. A. Bennett, was substituted as administrator in her place.
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Civil ACTION, beard before Graves, J., at February Term, 1893, of RookiNGHAM Superior Court. It was originally begun by plaintiff against Catherine S. Irvin, administratrix of John Irvin, but she having been removed pending the action, the present defendant, J. A. Bennett, was substituted as administrator in her place. Plaintiff sought, by the action, to have an account stated of dealings between himself and defendant’s intestate, as partners in the purchase and sale of real estate at Reids-ville and judgment rendered for him for the balance that might be found due him from the proceeds of an…
1Opinion of the Court
Clahic,- J.:
The defendant’s intestate died on the 9th of -July, 1885, and administration was granted on his estate on the 21st of August, 1885. The auction sales, for the balance due from which this action is partly brought, took place on the 24th of May, 1884, and this action was begun on the 5th of July, 1887.
As we understand it, the only question presented by the appeal is whether under a proper construction of section 164 of Ifthe Code this demand is barred, for as to the account for goods sold and delivered, if the last item of the account was, as averred, on the 6th of May, 1876, that…
2Cases cited1 opinion
- Coppersmith v. WilsonSupreme Court of North Carolina · 1890
3Cited by14 opinions
- Barclay v. BlackintonCalifornia Supreme Court · 1899
- Humphrey v. StephensSupreme Court of North Carolina · 1926
- Winslow v. Benton.Supreme Court of North Carolina · 1902
- Redmond v. . PippenSupreme Court of North Carolina · 1893
- Hughes v. . BooneSupreme Court of North Carolina · 1894
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