King v. . Phillips
Supreme Court of North Carolina
Civil ACTION, tried before Avery, Judge, and a jury, at Fall Term, 1885, of the Superior Court-of LeNoir county. On the 9th day of September, 1878, the defendant executed his note under seal to R. W. King, and therein covenanted to pay him or his order, the sum of one thousand dollars, with interest from date at the rate of eight per centvm per annum.
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Civil ACTION, tried before Avery, Judge, and a jury, at Fall Term, 1885, of the Superior Court-of LeNoir county. On the 9th day of September, 1878, the defendant executed his note under seal to R. W. King, and therein covenanted to pay him or his order, the sum of one thousand dollars, with interest from date at the rate of eight per centvm per annum. It bears a credit, endorsed as of January 31st, 1882, and paid in the life time of the obligee, who died leaving it among his effects in this condition, and it passed into the hands of Anthony Davis, his executor. The defendant also paid to the…
1Opinion of the CourtSmith, C. J.
(after stating the facts). It will be observed, that while the finding upon the second issue, is that the defendant, recognizing his liability, agreed to pay, and did pay, the indebtedness, except the three years interest, it is not found that the executor accepted the sum paid in satisfaction of the debt.
The verdict establishes the fact, that the defendant denied any further liability on the bond, and refused to pay more than $800, the principal, with interest since the $500 payment, yet it does not find that, the executor did more than receive and credit the sum which the debtor admitted…
2Cases cited3 opinions
- Brunhild v. . FreemanSupreme Court of North Carolina · 1877
- Bailey v. . RutjesSupreme Court of North Carolina · 1882
- Pendleton v. . JonesSupreme Court of North Carolina · 1880
3Cited by4 opinions
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1905
- American Potato Co. v. Jenette Bros.Supreme Court of North Carolina · 1916
- James Leffel Co. v. HallSupreme Court of North Carolina · 1915