Tucker v. . Baker
Supreme Court of North Carolina
Civil ACTION, tried before Phillips, Judge, upon a case agreed at January Term, 1886, of the Superior Court for Franklin county. The present action was commenced on October 16, 1879, and its object is the recovery of money due on a sealed note.
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Civil ACTION, tried before Phillips, Judge, upon a case agreed at January Term, 1886, of the Superior Court for Franklin county. The present action was commenced on October 16, 1879, and its object is the recovery of money due on a sealed note. The f§cts are agreed on as follows: That on May 25th, 1859, James Murphy executed the note under seal sued on, for $300, payable one day after date; that on October 2nd, 1859, there was a payment on the note by Murphy of $100, which was duly credited thereon; that soon after such payment was made, the note was transferred to J. B. Tucker, plaintiffs…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The defences set up are payment presumed from the lapse of time, unexplained, under statute, and the bar of the statute to the claims of creditors not prosecuted within seven years after the death of the debtor. Revised Code, §§18 and 11.
There is no suggestion of the inability of the party who executed the note to pay it, and he did in fact pay a part of it. So, his executor, Harris, had assets sufficient for the purpose, during the succeeding fifteen years he held that office, and until his removal in 1876.
During this period, from which, however, must be eliminated…
2Cases cited4 opinions
- Hodges v. . CouncilSupreme Court of North Carolina · 1882
- Oates v. . LillySupreme Court of North Carolina · 1881
- Flemming v. . FlemmingSupreme Court of North Carolina · 1881
- Hall v. . GibbsSupreme Court of North Carolina · 1882
3Cited by6 opinions
- Waldrop v. HodgesSupreme Court of North Carolina · 1949
- Baird v. . ReynoldsSupreme Court of North Carolina · 1888
- Grant v. . GoochSupreme Court of North Carolina · 1890
- Boseman v. JarrellSupreme Court of North Carolina · 2010
- Boseman v. JarrellSupreme Court of North Carolina · 2010
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