Clark v. . Clark
Supreme Court of North Carolina
Civil action for money demand tried before Watts, J., at Fall Term of the Superior Court of Northampton County. The plaintiff declared upon a single bill for twenty-eight hundred and fifty-eight dollars and forty-nine cents, payable to him as the administrator of James Clark, deceased, and executed January 1st, 1866. On said single bill was endorsed a credit of two hundred and two dollars and. fifty cents, made December 28th, 1868. The defendants, in their answer, admitted…
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Civil action for money demand tried before Watts, J., at Fall Term of the Superior Court of Northampton County. The plaintiff declared upon a single bill for twenty-eight hundred and fifty-eight dollars and forty-nine cents, payable to him as the administrator of James Clark, deceased, and executed January 1st, 1866. On said single bill was endorsed a credit of two hundred and two dollars and. fifty cents, made December 28th, 1868. The defendants, in their answer, admitted the due execution of the said single bill, but claimed credit for two payments in addition to the one endorsed on the…
1Opinion of the CourtPearson, C. J.
The defendant, Benjamin R. Clark, in support of an equitable counter claim, alleges:" “ That the articles for which the note was given, were purchased at a sale by the plaintiff, as administrator of James Clark, on the joint account of himself, plaintiff, and the defendant W. E. Clark, in pursuance of an understanding previously had between them; and said articles were taken and used between them, in a joint business of farming; the proceeds of which farming, were equally divided between them.” The articles consisted of corn, fodder, pork, stock, &c., and were used as the joint property oí…
2Cases cited2 opinions
- Lemly v. . AtwoodSupreme Court of North Carolina · 1871
- State v. . KirkmanSupreme Court of North Carolina · 1869
3Cited by13 opinions
- State v. PoolosSupreme Court of North Carolina · 1955
- In Re Will of CravenSupreme Court of North Carolina · 1915
- State v. ShaneSupreme Court of North Carolina · 1982
- Jones v. . JonesSupreme Court of North Carolina · 1879
- State v. HartSupreme Court of North Carolina · 1954
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