Gupton v. . Hawkins
Supreme Court of North Carolina
Civil AotioN upon a note under seal for $24, beard upon appeal from Justice's Court, before Moore, Jat April Term, 1899, of E'eaNKLIN Superior Court. Gopy of Note. Due and payable on demand to. E. A. Glupton, sheriff, twenty-four dollars, for value received. As witness my hand and seal this 9th day of September, 1871. (Signed) Pi-iec/m: B. Hawkins. [Seal.] Endorsements. Received September 11, 1873, two dollars of the within.
Read the full summary
Civil AotioN upon a note under seal for $24, beard upon appeal from Justice's Court, before Moore, Jat April Term, 1899, of E'eaNKLIN Superior Court. Gopy of Note. Due and payable on demand to. E. A. Glupton, sheriff, twenty-four dollars, for value received. As witness my hand and seal this 9th day of September, 1871. (Signed) Pi-iec/m: B. Hawkins. [Seal.] Endorsements. Received September 11, 1873, two dollars of the within. Received September 8, 1880, four dollars of the within. December 11, 1889, received six and 60-100, in part of the within. One-quarter bbl. flour, $1.25. P. B. Hawkins…
1Opinion of the CourtClark, J.
Tbe statute of limitations being pleaded the burden of proving the debt not barred is upon the plaintiff, for clearly a defendant could not prove the date of a payment which is denied. Clark’s Code (3d Ed.), sec. 151, and cases cited. The plaintiff relied upon sundry credits endorsed on the bond by himself, but the statute is only suspended by proof of payment, not by the endorsement of credits, which are mere declarations of plaintiff in his own interest. Young v. Alford, 118 N. C., 215. It is necessary for the plaintiff to prove the date of the payments, aliunde the endorsement. Woodhouse…
2Cases cited8 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
- Lockhart v. . BellSupreme Court of North Carolina · 1884
- Young v. . AlfordSupreme Court of North Carolina · 1896
- Grant v. . BurgwynSupreme Court of North Carolina · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. White v. DickersonNevada Supreme Court · 1910
- Ditmore v. . RexfordSupreme Court of North Carolina · 1914
- Pierce v. . FaisonSupreme Court of North Carolina · 1922