Knight v. Braswell
Supreme Court of North Carolina
This was a civil actioet tried at the last tenia of Edgecombe Superior Court, before hie Honor., Judge Moore, when the plaintiff had a verdict and judgment, and the defendants appealed. The facts are fully stated in the opinion of the Court. 1. Statute of Limitations, O. O. P., see. 16, application of, suspended to January 1, 1870, 65 N. C., 74. Action on sealed instrument against principal thereto, must be brought in ten .years.
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This was a civil actioet tried at the last tenia of Edgecombe Superior Court, before hie Honor., Judge Moore, when the plaintiff had a verdict and judgment, and the defendants appealed. The facts are fully stated in the opinion of the Court. 1. Statute of Limitations, O. O. P., see. 16, application of, suspended to January 1, 1870, 65 N. C., 74. Action on sealed instrument against principal thereto, must be brought in ten .years. C. C. P., secs. 3L, 32. Against surety thereto, in three years, C. C. P., sec. 34. 2. Statute of Limitations, C. <3. P., sec. 16, shall not apply to any case in…
1Opinion of the CourtBynum, J.
This is a civil action begun the the 27th of March, 1873, on a bond, of which the following is a copy, to wit:
“ With interest from date, the interest to be paid annually,we promise to pay Joseph A. Englehart, Clerk and Master in Equity for Edgecombe county, five hundred and sixteen dollars and sixty-eight cents, tor value received, this 28th day of May, 1860.”
The defendant, Braswell, is one of the sureties thereon, and in his answer relies, 1. On a want of demand made before action, and 2. On the statute of limitations barring actions against sureties after three years. C. O. P., secs. 31 and…
2Cases cited1 opinion
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
3Cited by8 opinions
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- Capell v. . LongSupreme Court of North Carolina · 1881
- Joyner v. . MasseySupreme Court of North Carolina · 1887
- Rottman v. HevenerCalifornia Court of Appeal · 1921
- Scott v. . FisherSupreme Court of North Carolina · 1892
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