Legal Opinion

Baucum v. . Streater

Supreme Court of North Carolina

Decided December 5, 1857PublishedCited by 5 opinions

ActioN of assuMpsit, tried before Pekson, J., at the- Fall Term, 185Y, of Union Superior Court. The plaintiff purchased the slave, Mary, from the defendants, on 14th January, 1852, with a written contract of soundness, and five days afterwards he sold her to Mrs. Livingston with a like warranty of soundness. She brought suit against him for a breach of the warranty, and at fall term, 1855, of Montgomery Superior Court, recovered a judgment against him for such breach.

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ActioN of assuMpsit, tried before Pekson, J., at the- Fall Term, 185Y, of Union Superior Court. The plaintiff purchased the slave, Mary, from the defendants, on 14th January, 1852, with a written contract of soundness, and five days afterwards he sold her to Mrs. Livingston with a like warranty of soundness. She brought suit against him for a breach of the warranty, and at fall term, 1855, of Montgomery Superior Court, recovered a judgment against him for such breach. He produced, in evidence, a record of this recovery, and contended that the' statute of limitations only began to run from the…

1Opinion of the CourtNash, C. J.

The action is in Assumpsit to recover damages for a false warranty of soundness of a negro woman named Mary. The contract of warranty was made on 14th of January, 1852, and the writ issued on the 2nd day of October, 1855. The defendant relies on the statute of limitations. The sole question for us to decide is, when did the plaintiff’s right of action accrue ? The plaintiff sold Mary to a Mrs. Livingston, who sued him for a breach of his contract, and recovered judgment at fall term, 1855, of Montgomery Superior Court. If his right of action accrued from the date of that j udgment, then the…

2Cited by5 opinions

  1. Jewell v. PriceSupreme Court of North Carolina · 1965
  2. Thurston Motor Lines, Inc. v. General Motors Corp.Supreme Court of North Carolina · 1962
  3. Heath v. Moncrief Furnace Co.Supreme Court of North Carolina · 1931
  4. Hall v. Gurley Milling Co. of Selma, N. C., Inc.District Court, E.D. North Carolina · 1972
  5. State v. . ArnoldSupreme Court of North Carolina · 1908

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