Winslow v. Benton.
Supreme Court of North Carolina
ActioN by Jordan Winslow, administrator, against Cbas. E. Benton and others, heard by Judge George II. Brown, at September Term, 1901, of the Superior Court of Perqut-MANS County. Prom a judgment for the defendants, the plaintiff appealed.
1Opinion of the CourtClark, J.
The Code, section 164, is explicit that where the “person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives after the expiration of that time and within one year from his death/' This is because the law does not encourage remissness on tbe part of tbe creditor. Coppersmith v. Wilson, 107 N. C., 31.
But tbe same section, 164, prescribes a different rule where tbe debtor dies — “If a person against ivhom an action may be brought, die before tbe expiration of…
2Cases cited4 opinions
- Benson v. . BennettSupreme Court of North Carolina · 1893
- Copeland v. . CollinsSupreme Court of North Carolina · 1898
- Coppersmith v. WilsonSupreme Court of North Carolina · 1890
- Dunlap v. . HendleySupreme Court of North Carolina · 1885
3Cited by12 opinions
- Humphrey v. StephensSupreme Court of North Carolina · 1926
- Matthews v. . PetersonSupreme Court of North Carolina · 1909
- Geitner v. . JonesSupreme Court of North Carolina · 1918
- Fisher v. . BallardSupreme Court of North Carolina · 1913
- Humphrey v. . StephensSupreme Court of North Carolina · 1926
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