Koonce v. . Russell
Supreme Court of North Carolina
Civil actiob, tried before Shepherd, J., at Fall Term, 1888, of Obslow ¡Superior Court. This was a motion in an original cause, being a special proceeding, instituted by the creditors of Daniel L. Russell, deceased, against the defendants, Bellamy and Russell, his éxecutors, formerly acting, and the defendant Olivia, who is now administratrix cum testamento anraxo of said Daniel L. Russell The motion was heard before Shepherd, Judge, at the Fall Term, 1888, of the Superior…
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Civil actiob, tried before Shepherd, J., at Fall Term, 1888, of Obslow ¡Superior Court. This was a motion in an original cause, being a special proceeding, instituted by the creditors of Daniel L. Russell, deceased, against the defendants, Bellamy and Russell, his éxecutors, formerly acting, and the defendant Olivia, who is now administratrix cum testamento anraxo of said Daniel L. Russell The motion was heard before Shepherd, Judge, at the Fall Term, 1888, of the Superior Court of Onslow County. The plaintiff’s intestate, Mrs. Anna K< once, died in the year 1877, but, before her death, she…
1Opinion of the CourtAvery, J.
The plaintiff’s counsel presented and relied upon the single point, for which he had contended in the Court below, that plaintiff was entitled to recover the su'm of four hundred and ninety-two dollars and twenty cents, being the difference between the aggregate amount due on the two judgments and the amount actually paid by the administratrix Olivia Russell, through her agent, in compromise for the whole.
If the compromise had been made prior to the passage of the act of 1874-75 (Laws of 1874-75, ch. 178, § 1, The Code, § 574), the payment of one thousand dollars would not have discharged the…
2Cases cited7 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Grant v. . HughesSupreme Court of North Carolina · 1887
- Hayes v. . DavidsonSupreme Court of North Carolina · 1874
- Mitchell v. SawyerSupreme Court of North Carolina · 1874
- Love v. . JohnstonSupreme Court of North Carolina · 1875
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3Cited by17 opinions
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- Rosser v. . BynumSupreme Court of North Carolina · 1915
- Holden v. . WarrenSupreme Court of North Carolina · 1896
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