Rogers v. . Clements
Supreme Court of North Carolina
Civil action, tried before Shepherd, Judge, at April Term, 1887, of Wake Superior Court. This action was begun on the 29th day of December, 1881, to recover the balance due on the single bond of W. W. Clements and A. K. Clements for the sum of $900, dated the 28th day of October, 1857, and due one day from date, made payable to G. H. Alford, and by him endorsed on the 30th of August, 1858, to the testator of the plaintiff.
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Civil action, tried before Shepherd, Judge, at April Term, 1887, of Wake Superior Court. This action was begun on the 29th day of December, 1881, to recover the balance due on the single bond of W. W. Clements and A. K. Clements for the sum of $900, dated the 28th day of October, 1857, and due one day from date, made payable to G. H. Alford, and by him endorsed on the 30th of August, 1858, to the testator of the plaintiff. The interest then due, and the further sum of $193.80, was paid on the 18th of'October, 1859, and a credit therefor was entered on the back of the bond. The defendant A. K.…
1Opinion of the Court
Merrimon, J.,
(after stating the case). It is too well settled to admit of further question, that when the single bond of co-obligors is presumed by the lapse of ten years next after its maturity to be paid, as provided by the statute (Rej vised Code, Ch. 65, §18), such presumption of payment can not be rebutted so as to charge one of such obligors, by the naked admission of the other that the bond had not been paid, made in the absence of the obligor sought to be charged.
The simple admissions of the obligor sought to be charged is not sufficient to rebut the presumption of payment, because…
2Cases cited3 opinions
- Campbell v. BrownSupreme Court of North Carolina · 1882
- Rogers v. . ClementsSupreme Court of North Carolina · 1885
- Lane v. . RichardsonSupreme Court of North Carolina · 1878
3Cited by2 opinions
- Campbell v. . BrownSupreme Court of North Carolina · 1882
- Cartwright v. . KermanSupreme Court of North Carolina · 1890