Alston v. . Hawkins
Supreme Court of North Carolina
This is a civil ACTION, which was tried before Boykin, J., at September Term, 1889, of WarreN Superior Court. The suit was upon a note, under seal, executed by the defendant to plaintiff’s testatrix on 4th August, 1856. There was a payment of $100, endorsed June 1st, 1866. The defendant relied upon the presumption of payment under the statute (Rev. Code, ch. 65, § 16), To rebut the presumption, the plaintiff showed that defendant has resided in Texas since the year 1857, and…
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This is a civil ACTION, which was tried before Boykin, J., at September Term, 1889, of WarreN Superior Court. The suit was upon a note, under seal, executed by the defendant to plaintiff’s testatrix on 4th August, 1856. There was a payment of $100, endorsed June 1st, 1866. The defendant relied upon the presumption of payment under the statute (Rev. Code, ch. 65, § 16), To rebut the presumption, the plaintiff showed that defendant has resided in Texas since the year 1857, and introduced, after objection, the following letter written by defendant: “ Caney Post-office, Matagorda Co., Tex.,…
1Opinion of the Court
Shepherd, J.:
-“The presumption of payment arising from lapse of time under the statute is one which the law itself makes, and it has such au artificial and technical weight that whenever the facts are admitted, or established, the Court 'must apply it as an inference or intendment of the law; and so, too, the question whether that presumption has been rebutted is one of law, which, when the facts are ascertained, the Court must determine, and not leave to the discretion of the jury.” RuffiN, J., in Grant v. Burgwyn, 84 N. C., 560.
It is well settled that when insolvency is relied upon to rebut…
2Cases cited7 opinions
- Headen v. . WomackSupreme Court of North Carolina · 1883
- Hodges v. . CouncilSupreme Court of North Carolina · 1882
- Grant v. . BurgwynSupreme Court of North Carolina · 1881
- Summerlin v. . CowlesSupreme Court of North Carolina · 1888
- Houck v. . AdamsSupreme Court of North Carolina · 1887
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