Daniel v. . Whitfield
Supreme Court of North Carolina
This case was commenced by warrant against the defendant, who was a constable, and carried by appeal to the Superior Court, where, at Spring Term, 1853, at Martin, it was tried before Bailey, Judge.
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This case was commenced by warrant against the defendant, who was a constable, and carried by appeal to the Superior Court, where, at Spring Term, 1853, at Martin, it was tried before Bailey, Judge. On the trial, it appeared that a note for $6.IT, against one Carroway and Ausbom was placed for collection in the hands of the defendant on the 3rd of February, 1844. That the defendant who gave a receipt for the said note, was constable for the years 1844r-5~6. That he got judgment thereon a few days after he received it, and took out an execution and had levied the same on the property of…
1Opinion of the CourtNash, C. J.
We think there was error both in the rejection of the testimony offered by the defendant, and in the ruling of the Court upon the statute of limitations. The defendant received the note from the plaintiff for collection in 1844. It was admitted that he had collected it from Carroway, one of the debtors in the note. He averred he had paid the amount to the present plaintiffs, and with other evidence to that point offered to prove that the plaintiff and defendant and Carroway all lived near each other ; that they were in the habit of meeting almost daily ; and that the plaintiff, from the time…
2Cited by2 opinions
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