Norment v. . Brown
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1877, of Robeson Supe-' rior Court, before Seymour, J. This action is brought on a note not under seal, given by Reuben King, the testator of defendant, to "W: R. Bryan, for $803.04, on the 2nd of January, 1856, payable one day after date, and as a second canse of action, upon a bond made by King to Bryan on the 14th of February, 1857, for $1,000, payable one day after date. The defendant answered, (1) Both the note and bond have been paid.
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Civil ActioN tried at Fall Term, 1877, of Robeson Supe-' rior Court, before Seymour, J. This action is brought on a note not under seal, given by Reuben King, the testator of defendant, to "W: R. Bryan, for $803.04, on the 2nd of January, 1856, payable one day after date, and as a second canse of action, upon a bond made by King to Bryan on the 14th of February, 1857, for $1,000, payable one day after date. The defendant answered, (1) Both the note and bond have been paid. (2) As to the note not under seal, it is barred by the statute of limitations. (3) That he has counter-claims to both the…
1Opinion of the CourtRodmaN, J.
(After stating the facts above.) In considering the questions which have been raised, it will be necessary to treat them in order; and it will be convenient to examine first the counter-claims excepted from the mass, and standing on their particular grounds:—
As to No. 54.' If this is to be considered as a counterclaim, or more properly, a set-off, it is clearly barred by the statute; and as it is stated, and. without any evidence other than the note itself furnishes tending to show that in the transaction in which it was given it was expressly or impliedly agreed that it was to be a payment…
2Cases cited3 opinions
- Hall v. . CraigeSupreme Court of North Carolina · 1871
- Earp v. . RichardsonSupreme Court of North Carolina · 1876
- Mercer v. WigginsSupreme Court of North Carolina · 1876
3Cited by1 opinion
- Southern Fertilizer Co. v. ReamsSupreme Court of North Carolina · 1890