Hall v. . Gibbs
Supreme Court of North Carolina
Civil AotioN tried at Spring Term, 1882, of Oabteret -'Superior Court, before Gilmer, J. This action is founded on a sealed note executed by defendant to plaintiff’s intestate on the 24th of January, 1866, payable two years after date, and upon which a credit of 3¡j>85.46 was endorsed on the 14th of September, 1869. The defence set up was, that the bond was presumed to •have been paid by lapse of time,-and that it had in fact been paid to said intestate in goods.
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Civil AotioN tried at Spring Term, 1882, of Oabteret -'Superior Court, before Gilmer, J. This action is founded on a sealed note executed by defendant to plaintiff’s intestate on the 24th of January, 1866, payable two years after date, and upon which a credit of 3¡j>85.46 was endorsed on the 14th of September, 1869. The defence set up was, that the bond was presumed to •have been paid by lapse of time,-and that it had in fact been paid to said intestate in goods. The action was commenced on the 20th of January, 1881. The plaintiff’s intestate died on the 17th of April, -1875, and there was no…
1Opinion of the CourtAshe, J.
The opinion intimated 'by His Honor is -correct. The bond sued on matured on the 25th of January, 1868, and the cause of action then having accrued to the plaintiff, the.statute of presumptions in force previous to .the ratification of the Code of Civil Procedure is applicable. C. C. P., § 16.
The action was not brought until 2.0th of-January, 1881, more than ten years after the right of action had accrued on this bond, and the presumption of its payment or .satisfaction had arisen within that' time. Rev. Code, ch. 65, § 18. {Act of 1826.) I-t is true this presumption may be rebutted, but…
2Cited by7 opinions
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- Cox v. . BrowerSupreme Court of North Carolina · 1894
- Baird v. . ReynoldsSupreme Court of North Carolina · 1888
- Tucker v. . BakerSupreme Court of North Carolina · 1886
- Woodlief v. . BraggSupreme Court of North Carolina · 1891
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