Legal Opinion

Sugg v. . Watson

Supreme Court of North Carolina

Decided September 5, 1888PublishedCited by 6 opinions

Civil action, tried before Shepherd, J, at November Term, 1887, of the Superior Court of Orange County. On the 20th of November, 1886, the plaintiff instituted two actions against the defendant in a Court of a Justice of the Peace — one on a note for $250, dated September 25th, 1868, credited by $125, May 22d, 1869, the other on a bond for $180, dated February 25th, 1871. There was a credit of $5 on each note, as hereinafter set out.

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Civil action, tried before Shepherd, J, at November Term, 1887, of the Superior Court of Orange County. On the 20th of November, 1886, the plaintiff instituted two actions against the defendant in a Court of a Justice of the Peace — one on a note for $250, dated September 25th, 1868, credited by $125, May 22d, 1869, the other on a bond for $180, dated February 25th, 1871. There was a credit of $5 on each note, as hereinafter set out. The Justice of the Peace gave judgment in each action for the plaintiff and the defendant appealed. In the Superior Court the two cases were consolidated.…

1Opinion of the Court

Davis, J.,

(after stating the case). “ The effect of any payment of principal or interest” on a debt otherwise barred by the statute of limitations, is to take it out of the operation of the statute, at least as to the debtor making the payment.

In McDowell v. Tate, 1 Dev., 249, it is said “ a payment is, by consent of the parties, either express or implied, appropriated to the discharge of a debt.”

If a debtor, who owes a creditor a single debt, makes a payment to the creditor, it is a discharge pro tanto of that debt, but if a debtor, who owes to a creditor several distinct and separate debts,…

2Cases cited2 opinions

  1. Lawrence v. . HesterSupreme Court of North Carolina · 1885
  2. State v. . NicholsonSupreme Court of North Carolina · 1881

3Cited by6 opinions

  1. Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
  2. Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
  3. National Bank v. WinslowSupreme Court of North Carolina · 1927
  4. State v. . HarrisSupreme Court of North Carolina · 1897
  5. Young v. . AlfordSupreme Court of North Carolina · 1896

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