Legal Opinion

Turner v. . Gaither

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 17 opinions

Civil AotioN tried at August Special Term, 1879, of Iredell Superior Court, before Qudger, J. The plaintiff declared upon certain notes under seal, and the defendant set up the plea of infancy and statute of limitations, in bar of recovery. The letter (dated in 1876) referred to in the opinion of this court and offered in evidence by the plaintiff to show that the defendant had ratified and confirmed the contracts made during his minority, is as follows: Messrs.

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Civil AotioN tried at August Special Term, 1879, of Iredell Superior Court, before Qudger, J. The plaintiff declared upon certain notes under seal, and the defendant set up the plea of infancy and statute of limitations, in bar of recovery. The letter (dated in 1876) referred to in the opinion of this court and offered in evidence by the plaintiff to show that the defendant had ratified and confirmed the contracts made during his minority, is as follows: Messrs. W. Turner & Son: On a day not long since I received a letter from C. L. Turner saying he had papers in hand, in reply to which I…

1Opinion of the CourtSmith, C. J.

'The -action is brought on several notes cinder seal and accountable receipts, all of which, except the note -bearing .date October 30th, 1869, and a small sum .not disputed, were executed during the minority of the defendant to the plaintiff, administrator of A. R. F. Gaither, his-, father. The defences set-up in opposition to the- recovery are infancy and the bar of the statute of limitations. Upon an account ordered and reported during the progress of the-cause between the plaintiff and his intestate’s- estate,, it appeared that the assets had been administered and a large-indebtedness…

2Cases cited1 opinion

  1. Jordan v. . CoffieldSupreme Court of North Carolina · 1874

3Cited by17 opinions

  1. International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
  2. Esteb v. EstebWashington Supreme Court · 1926
  3. Cole v. WagnerSupreme Court of North Carolina · 1929
  4. Cox v. . McGowanSupreme Court of North Carolina · 1895
  5. Cole v. . WagnerSupreme Court of North Carolina · 1929

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