Moore v. . Goodwin
Supreme Court of North Carolina
Civil action, tried before Winston, J., at the February Term, 1891, of the Superior Court of Wake County. The plaintiff alleged that on the 6th day of February, 1886, one Colin Campbell, as principal, and the defendants W. H. J. Goodwin and C. E..
Read the full summary
Civil action, tried before Winston, J., at the February Term, 1891, of the Superior Court of Wake County. The plaintiff alleged that on the 6th day of February, 1886, one Colin Campbell, as principal, and the defendants W. H. J. Goodwin and C. E.. J. Goodwin, as sureties, covenanted under their hands and seals to pay the plaintiff, twelve months after date, $300, with interest at 8 per cent, from date, for money borrowed, and that no part of said debt has been paid, except $24 interest to January, 1887, and $24 interest to January 9,1888, both of which payments were endorsed as credits on the…
1Opinion of the Court
Davis, J.:
The evidence was properly excluded by the Court; in fact, counsel for defendants in this Court did not urge the exclusion as error, but earnestly insisted that the statute of limitations was a bar to the collection of the debt, as against the sureties. (Code, §§ 155, 171). Section 155 bars a recovery, as to sureties, unless the action is brought within three years, and section 171 provides that “ no act, admission or acknowledgment * * * by any of the makers of a promissory note or bond after the statute of limitations shall have barred the same, shall be received in evidence to…
2Cases cited1 opinion
- State National Bank v. HarrisSupreme Court of North Carolina · 1887
3Cited by12 opinions
- Cowhick v. ShingleWyoming Supreme Court · 1894
- First Citizens Bank & Trust Co. v. MartinCourt of Appeals of North Carolina · 1979
- Saieed v. . AbeyounisSupreme Court of North Carolina · 1940
- Copeland v. . CollinsSupreme Court of North Carolina · 1898
- Leduc v. . ButlerSupreme Court of North Carolina · 1893
7 more not listed; retrieve them via the Exa API.