McClenahan v. . Cotten
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of Chatham Superior Court, before Seymour,. J. In this action, decided against the plaintiff in a justice’s-court, an appeal was taken to the superior court, and on the hearing, the parties having waived a jury and consented to a trial of all issues of law and fact by the court, His Honor found the facts and the conclusions of law thereon as foL lows: 1. That the bond declared on is the bond of the defendant’s testator and is for the…
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Civil Action tried at Spring Term, 1880, of Chatham Superior Court, before Seymour,. J. In this action, decided against the plaintiff in a justice’s-court, an appeal was taken to the superior court, and on the hearing, the parties having waived a jury and consented to a trial of all issues of law and fact by the court, His Honor found the facts and the conclusions of law thereon as foL lows: 1. That the bond declared on is the bond of the defendant’s testator and is for the sum of $173-.20, bearing interest from the 11th of November 1862. 2. That the sum pleaded as a set-off or counter-claim…
1Opinion of the CourtDillard, J.
The questions presented on the appeal for >our determination are, first, can a defendant, ‘sued in contract in a justice's court plead as a set off an independent cross-demand arising ex-contraotu, the principal of which is beyond the jurisdiction of a justice of the peace, and sec•ondly, whether a defendant sued as a personal representative may purchase a claim against a creditor of the estate •subsequently to the death of the decedent, and avail of it as a set-off or counter-claim.
We concur in the opinion of His Honor on the first point, and do not on the second one.
Prior to the statute of…
2Cases cited4 opinions
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Burrall v. De GrootThe Superior Court of New York City · 1856
- Prentiss v. GravesNew York Supreme Court · 1860
- Mitchell v. CookNew York Supreme Court · 1859
3Cited by9 opinions
- Sewing Machine Co. v. . BurgerSupreme Court of North Carolina · 1921
- Singer Sewing Machine Co. v. BurgerSupreme Court of North Carolina · 1921
- Asher v. . ReizensteinSupreme Court of North Carolina · 1890
- Lane v. . RichardsonSupreme Court of North Carolina · 1889
- Weeks v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1898
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