Sprinkle v. . Sprinkle
Supreme Court of North Carolina
Appeal from Lyo'fi, J., at December Term, 1911, of Foesyth. This is an action to recover the sum of $1,407.37, with interest from 28 January, 1898, said indebtedness being evidenced by an award. The matters giving rise to the arbitration were the result of mutual dealings and transactions between the parties, who had been engaged in various kinds of business as partners. The award was introduced in evidence, and is as follows: AWARD.
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Appeal from Lyo'fi, J., at December Term, 1911, of Foesyth. This is an action to recover the sum of $1,407.37, with interest from 28 January, 1898, said indebtedness being evidenced by an award. The matters giving rise to the arbitration were the result of mutual dealings and transactions between the parties, who had been engaged in various kinds of business as partners. The award was introduced in evidence, and is as follows: AWARD. Arbitration between W. T. Sprinkle and J. H. Sprinkle has this day been settled as follows: That J. H. Sprinkle shall pay W. T. Sprinkle the sum of $3,000 as his…
1Opinion of the Court
Allen, J.,
after stating the case: The defendant having-pleaded the statute of limitations,' the burden was on the plaintiff to prove that the cause of action accrued within the time limited for bringing it. Hussey v. Kirkman, 95 N. C., 66; House v. Arnold, 122 N. C., 222.
' If he relied on the fact that the submission to arbitration was under seal, or that the arbitrators, Lehman and Martin, adopted the seal, following the name of the arbitrator Griffith, it was incumbent on him to offer evidence of these facts, and having failed to do so, we must consider the case as upon a submission and an…
2Cases cited4 opinions
- Hussey v. . KirkmanSupreme Court of North Carolina · 1886
- Marcom v. . AdamsSupreme Court of North Carolina · 1898
- Post v. CarmaltSupreme Court of Pennsylvania · 1841
- Wickersham v. LeeSupreme Court of Pennsylvania · 1877
3Cited by9 opinions
- Security National Bank of Greensboro v. Educators Mutual Life InsuranceSupreme Court of North Carolina · 1965
- Tillery v. Whiteville Lumber Co.Supreme Court of North Carolina · 1916
- Skinner v. Gaither Corp.Supreme Court of North Carolina · 1951
- Geiger v. . CaldwellSupreme Court of North Carolina · 1922
- In Re the Administration of the Estate of ReynoldsSupreme Court of North Carolina · 1942
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