E. S. Jaffray & Co. v. Bear
Supreme Court of North Carolina
Civil ACTION, tried before Shepherd, J., and a jury, at April Term, 1888, of New HaNOVER. Superior Court. The questions to be decided are sufficiently presented by the case stated on appeal, and the following is a copy of so much thereof as need be reported here: “In the month of October, 1881, the defendants became indebted to the plaintiffs in the sum of thirty-two hundred and six dollars and fifty-three cents ($3,206.53) for goods sold and delivered.
Read the full summary
Civil ACTION, tried before Shepherd, J., and a jury, at April Term, 1888, of New HaNOVER. Superior Court. The questions to be decided are sufficiently presented by the case stated on appeal, and the following is a copy of so much thereof as need be reported here: “In the month of October, 1881, the defendants became indebted to the plaintiffs in the sum of thirty-two hundred and six dollars and fifty-three cents ($3,206.53) for goods sold and delivered. On the 19th of November, 1881, the defendants made a deed of assignment of all their real and personal estate to one Fernberger, in trust for…
1Opinion of the CourtMerrimon, J.
(after stating the case). The cause of action alleged in the complaint is clearly barred by the statute of limitations (The Code, § 155, par. 1), if the latter, as contended by the defendants, is applicable in this case. The plaintiffs contend, however, that it is not pertinent; that the ninth paragraph of the same section is — that it embraces and applies to the present and all'like causes of action, and, therefore, their present cause of action is not barred, the action having been brought within three years next after the discovery of the alleged fraud.
The bar of three years applies to the…
2Cases cited6 opinions
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- Wilson v. . WhiteSupreme Court of North Carolina · 1879
- Pennell v. Lamar InsuranceIllinois Supreme Court · 1874
- Blount v. . ParkerSupreme Court of North Carolina · 1878
- Spruill v. . SandersonSupreme Court of North Carolina · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- McKay v. McCarthySupreme Court of Iowa · 1909
- Alpha Mills v. Watertown Steam Engine Co.Supreme Court of North Carolina · 1895
- Stancill v. . NorvilleSupreme Court of North Carolina · 1932
- Jaffrey v. BearU.S. Circuit Court for the District of North Carolina · 1890