Hilton v. . Gordon
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., from Guilpobd. Term of court not stated in record. This is an action tried upon exceptions to tbe report of a referee.
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Appeal by defendant from Shaw, J., from Guilpobd. Term of court not stated in record. This is an action tried upon exceptions to tbe report of a referee. Tbe action was begun 1 April, 1914. Tbe plaintiff alleged tbat on and prior to 29 April, 1889, be was tbe owner of a tract of land in Guilford County (described in tbe complaint) containing one hundred and-ninety-two acres, upon wbicb there was a mortgage of eight hundred and ten dollars ($810) ; tbat on 29 April, 1889, tbe plaintiff and H. "W. Gordon entered into a certain written contract whereby it was agreed tbat tbe plaintiff should…
1Opinion of the CourtAllen, J.
The exception relied on by the defendant is to the judgment, upon the ground that, although under the agreement and contract found by the referee to exist between the plaintiff and defendant, the relationship of trustee and agent existed, the letter written by the plaintiff to the defendant in April, 1892, was a demand, and had the effect of putting the statute of limitations in operation, and that upon the admitted facts the plaintiff’s cause of action is barred.
There are, in our opinion, several satisfactory answers to this position.
Speaking of a contract similar in many respects, but not…
2Cases cited11 opinions
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Commissioners of Forsyth v. LashSupreme Court of North Carolina · 1883
- Patterson v. . LillySupreme Court of North Carolina · 1884
- Maxwell v. BarringerSupreme Court of North Carolina · 1892
- Falls v. . TorranceSupreme Court of North Carolina · 1826
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sorrell v. . SorrellSupreme Court of North Carolina · 1930
- Fowle Memorial Hospital Co. v. NicholsonSupreme Court of North Carolina · 1925