WILCOX v. the Executors of Plummer
Supreme Court of the United States
THIS case came before the court, on a division of opinion between the judges of the circuit court of the United States, for the district of North Carolina. It was an action of assumpsit, to which was pleaded the statute of limitations.
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THIS case came before the court, on a division of opinion between the judges of the circuit court of the United States, for the district of North Carolina. It was an action of assumpsit, to which was pleaded the statute of limitations. It was alleged, and proof offered, that on the 28th of January 1820, the testator of- the defendants, who was a collecting attorney, accustomed to collect for John V. Wilcox and Company, received from them., for collection, a note which had been drawn by Edmund Banks, on the 2d of October 1819, payable to John Hawkins two months after' date, and by him…
1Opinion of the CourtJustice Johnson
This suit wds instituted in the circuit court of the United States, in North Carolina, to recover of the defendants the amount of a loss sustained by reason of the neglect or unskilful conduct of their testator, while acting in the character of an attorney at law.
A promissory note was placed in his hands for collection, by the plaintiffs. He instituted a suit in the state court thereon, against Banks, the drawer, on the 7th of February 1820, but neglected to do so against Hawkins the indorser. Banks proved insolvent; and then, to wit, on the 8th of February 1821, he issued a writ against the…
2Cited by153 opinions
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- Hendrickson v. SearsMassachusetts Supreme Judicial Court · 1974
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