Campbell v. Brown
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1882, of Buncombe Superior Court, before Gilliam, J. On the 7th day of April, 1852, the defendants gave their bond to the plaintiff, whereby they covenanted to pay him, nine months after that day, at Pittsburg, in Pennsylvania, the sum of $1,670.50, and upon which they made two payments, as endorsed thereon^one of $334.00 on the 23rd of April, 1855, and the other of $99.75, on the 23rd of January, 1857. This action, which was begun oh the…
Read the full summary
Civil ActioN tried at Spring Term, 1882, of Buncombe Superior Court, before Gilliam, J. On the 7th day of April, 1852, the defendants gave their bond to the plaintiff, whereby they covenanted to pay him, nine months after that day, at Pittsburg, in Pennsylvania, the sum of $1,670.50, and upon which they made two payments, as endorsed thereon^one of $334.00 on the 23rd of April, 1855, and the other of $99.75, on the 23rd of January, 1857. This action, which was begun oh the 29th December, 1876, is brought to recover the balance due on said bond. The defence relied on is payment presumed under…
1Opinion of the CourtRuffin, J.
The right of action having accrued in this case prior to the year 1868, it is to be determined by the law as it existed at the date of the contract.
We are of opinion that the court erred in instructing the jury, that no presumption of payment could exist as to the defendant John E. Brown, because of his having departed from the state before the bond sued on had matured, and his being continuously absent since.
The proviso, contained in Rev. Code, ch. 65, § 10, whereby it is declared that as to a debtor, non-resident at the time a cause of action against him shall accrue, the plaintiff may have…
2Cases cited1 opinion
- Lane v. . RichardsonSupreme Court of North Carolina · 1878
3Cited by8 opinions
- Willoughby v. IrishSupreme Court of Minnesota · 1886
- Cowhick v. ShingleWyoming Supreme Court · 1894
- Saieed v. . AbeyounisSupreme Court of North Carolina · 1940
- Alston v. . HawkinsSupreme Court of North Carolina · 1890
- Houck v. . AdamsSupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.