Shelby National Bank v. Hamrick
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at Fall Term, 1912, of Cleveland. Civil action to recover on a note an alleged balance of $638.31, executed by the Ottoway Furniture Company to plaintiff, with the other defendants as sureties.. The plea of statute of limitations was sustained, and plaintiff appealed.
1Opinion of the CourtBeowN, J.
It is agreed by counsel tbat the only question involved is whet-bet the payments made by the receiver of the Ottoway Furniture Company at the time and in the amounts shown by the credits entered upon the note prevented the bar of the statute of limitations.
We agree with the 'court below, that such payments do not prevent the bar of the statute. Payments made by trustee, or assignee, for the benefit of creditors do not have such effects Battle v. Battle, 116 N. C., 161; Cone v. Hyatt, 132 N. C., 810; Robinson v. McDowell, 133 N. C., 185.
Neither do payments made by an assignee in bankruptcy…
2Cases cited2 opinions
- Battle v. . BattleSupreme Court of North Carolina · 1895
- Cone v. Hyatt.Supreme Court of North Carolina · 1903
3Cited by2 opinions
- Holloway Et Ux v. WetzelUtah Supreme Court · 1935
- Person Earth Movers, Inc. v. BucklandCourt of Appeals of North Carolina · 2000