Mitchell v. Sawyer
Supreme Court of North Carolina
MotioN to revive a dormant judgment, and for leave to issue an execution, before Clarke, J., at the Spring Term, 1874, of the Superior Court of Chayen County.
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MotioN to revive a dormant judgment, and for leave to issue an execution, before Clarke, J., at the Spring Term, 1874, of the Superior Court of Chayen County. The plaintiff as a foundation for his motion, filed an affidavit in which was stated that at the Fall Term, 1867, of the Superior Court of Law of Craven county, he recovered of the defendant a judgment for $1,202.30 of which $882.10 was principal moneji, and for costs ; that this judgment had been transferred to the Superior Court as now organized, and regu.larly docketed in the office of said Court; and that the same remains…
1Opinion of the CourtReade, J.
It is not to be doubted that the compromise of any matter in controversy between parties is binding between them. It is equally well settled that an agreement to receive, and the actual receipt of a part of an ascertained debt in discharge of the whole, is nudum pactum. McKenzie v. Culbreth, 66 N. C. Rep., 534. That case was well argued and fully considered and supported by both English and American authorities, and the principle considered as settled. A very satisfactory case in support of it is Warren v. Skinner, 20 Connecticut R., p. 659, which is cited in the opinion; but by a misprint is…
2Cases cited1 opinion
- William R. McKenzie v. . Thomas N. and W. R. CulbrethSupreme Court of North Carolina · 1872
3Cited by7 opinions
- Hewlett v. . SchenckSupreme Court of North Carolina · 1880
- Koonce v. . RussellSupreme Court of North Carolina · 1889
- Union Bank of Richmond v. Board of CommissionersSupreme Court of North Carolina · 1895
- Bank v. . CommissionersSupreme Court of North Carolina · 1895
- Hall v. . ShortSupreme Court of North Carolina · 1879
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