Wood v. . Barber
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1883, of Pasquotank Superior Court, before Avery, J. This action was commenced on the 1st day of February, 1883, and is prosecuted for the recovery of the amount due on an accepted draft against the defendants D. C. Lippincott and D. G. Bush (surviving members), and Burtis Barber, executor of Thornton Conrow, a deceased member of the partnership firm of Conrow, Bush & Lippincott, the drawers.
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Civil ActioN tried at Fall Term, 1883, of Pasquotank Superior Court, before Avery, J. This action was commenced on the 1st day of February, 1883, and is prosecuted for the recovery of the amount due on an accepted draft against the defendants D. C. Lippincott and D. G. Bush (surviving members), and Burtis Barber, executor of Thornton Conrow, a deceased member of the partnership firm of Conrow, Bush & Lippincott, the drawers. The bill tvas drawn at Elizabeth City, on November 28th, 1873, in the sum of four thousand dollars, and payable at four months on the North Carolina Manufacturing Loan…
1Opinion of the Court
Smith, C.-J.,
after stating the case. In McIntyre v. Oliver, 2 Hawks, 209, it was held that the acknowledgment of a subsisting partnership debt by one partner, even after the dissolution of the firm, was binding on all the constituent members and prevented the operation of the statute of limitation. The same doctrine is announced in Willis v. Mill, 2 Dev. & Bat., 231, and Walton v. Robinson, 5 Ired., 341. In the latter case, the same reviving effect is ascribed to a payment as involving a reassumption of the residue of the debt.
In consequence of these rulings was passed the act of 1852, now…
2Cases cited1 opinion
- Green v. Greensboro Female CollegeSupreme Court of North Carolina · 1880
3Cited by17 opinions
- Wachovia Bank & Trust Co. v. CliftonSupreme Court of North Carolina · 1932
- Barber v. William Absher Co.Supreme Court of North Carolina · 1918
- Saieed v. . AbeyounisSupreme Court of North Carolina · 1940
- Leduc v. . ButlerSupreme Court of North Carolina · 1893
- State ex rel. White v. DickersonNevada Supreme Court · 1910
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