Capell v. . Long
Supreme Court of North Carolina
Civil Ac'itioN commenced before a.justice of the peace and tried on appeal at November Special Term, 1880, of Ham- .. Pax Superior Court, before'Graves, J. This action begun on tbe 22d of January, 1879, was 'founded on- a bond executed by J. A. Turpin- and N, M-, Long, which is not set out in- the- return made- by the magistrate to the superior court, but tbe defendant, Long., had-leave to file his answer in that court,-in which he stated-that one J.-A. Turpin and- be…
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Civil Ac'itioN commenced before a.justice of the peace and tried on appeal at November Special Term, 1880, of Ham- .. Pax Superior Court, before'Graves, J. This action begun on tbe 22d of January, 1879, was 'founded on- a bond executed by J. A. Turpin- and N, M-, Long, which is not set out in- the- return made- by the magistrate to the superior court, but tbe defendant, Long., had-leave to file his answer in that court,-in which he stated-that one J.-A. Turpin and- be executed their bond whereby -they promised to- pay W. T. Wbitfied, treasurer,. &c., the-sum of one hundred dollars with…
1Opinion of the CourtAshe, J.
It having been admitted in the “ case agreed ” that the defendant was surety on the bond in suit, and that that fact was known to Whitfield, the payee, and that it was assigned by him after its. maturity to the plaintiff, who paid value therefor, and had no notice at the time of accepting the same that Long was surety, the only-question left for our consideration is, whether under these circumstances the plaintiff’s action was barred by the statute of limitations.
If the bond had not been assigned, and the action had been brought in the name of Whitfield, the payee, we suppose there would have…
2Cases cited3 opinions
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- Harris v. . BurwellSupreme Court of North Carolina · 1871
- Knight v. BraswellSupreme Court of North Carolina · 1874
3Cited by14 opinions
- Barnes v. . CrawfordSupreme Court of North Carolina · 1931
- Clements v. . RogersSupreme Court of North Carolina · 1886
- Bell v. HowertonSupreme Court of North Carolina · 1892
- Joyner v. . MasseySupreme Court of North Carolina · 1887
- Causey v. . SnowSupreme Court of North Carolina · 1898
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