Legal Opinion

Waddell v. . Swann

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 5 opinions

Civil ActioN, tried at December Special Term, 1884, of of Moore Superior Court, before MacRae, J. The defendant appealed from the ruling and judgment of the court below.

1Opinion of the CourtSmith, C. J.

This action, brought by the plaintiff as administrator of Ann J. Swann, is to recover the amount due on a note under seal, executed by the defendant to the intestate on May 5th, 1862, for the payment, one day after date, of the sum of six hundred eighty-seven dollars apd twenty-six cents, The defences set up in the answer, which admits the making of the note as described in the complaint, are, that the debt has been paid; that the presumption of payment arises from the lapse of time under the ■ statute since January 1st, 1870; that the note is subject to reduction according to the legislative…

2Cases cited3 opinions

  1. Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
  2. Lockhart v. . BellSupreme Court of North Carolina · 1884
  3. Lockhart v. . BellSupreme Court of North Carolina · 1882

3Cited by5 opinions

  1. Carey v. . CareySupreme Court of North Carolina · 1889
  2. Watts v. . WarrenSupreme Court of North Carolina · 1891
  3. Rich v. . HobsonSupreme Court of North Carolina · 1893
  4. Lockhart v. . BellSupreme Court of North Carolina · 1882
  5. Smith v. . SmithSupreme Court of North Carolina · 1887

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